Guardianship is a legal process which can take away someone\u2019s civil rights.<\/strong><\/p>\n<\/blockquote>\n\n\n\n An incapacitated person (called a \u201cward\u201d) can be likened to a minor child, meaning, a legal guardian makes decisions for them. A person with Alzheimer\u2019s disease is a classic example. Conversely, someone who is turning 18 years of age is gaining<\/em> civil rights. <\/p>\n\n\n\n Guardianship can be avoided, or at least managed, through proper estate planning.<\/strong><\/p>\n<\/blockquote>\n\n\n\n Estate planning includes (but is in no way limited to) managing (\u201cplanning\u201d) what happens in the event of someone\u2019s future inability to make decisions for themselves. Some estate planning documents apply while a person is alive. The main ones include a durable power of attorney (for financial decisions), medical power of attorney (for medical decisions), a HIPAA release (for health care records), a guardianship in the event of later incapacity (enables a person to specify their preference as guardian), and an advance directive (specifies if someone wants to be kept alive on life support.) Other documents, such as trusts, endeavor to avoid guardianship entirely.<\/p>\n\n\n\n When a child turns 18, they become an adult. They can decide who (usually Mom or Dad) can act on their behalf and sign estate planning documents to implement their decisions. Remember,<\/strong> after a child turns 18, a parent no longer has that legal authority unless the child gives it to them.<\/strong> Every adult, within reason, can exercise some control over what happens if they should ever need a guardian.<\/p>\n\n\n\n Estate documents should be accessible and quickly located in case of an emergency. Copies should be provided to agents (an agent is someone who would be acting on behalf of another). Similarly, if someone else has named you as their agent or executor, it helps to know where these documents are located! <\/p>\n\n\n\n For parents of college-bound students, keep copies of these, financial aid information, any lease documents, contact information for any university\u2019s clinic or health center, and contact information for roommates. In the event of an emergency, a parent (agent) may need to move quickly, College students are usually a few hours away, and parents may need to get on the phone with a health professional. A parent (or agent) may need to manage the student\u2019s financial affairs until they\u2019re back on their feet. My parenting advice<\/strong>: contact information helps. <\/p>\n\n\n\n Estate documents should change over time. People\u2019s wants and needs change as they get older, and their estate planning documents should change with them.<\/strong><\/p>\n<\/blockquote>\n\n\n\n It is smart to review them every five years or at any milestone, such as when a child turns 18 or gets married. And for those who have a difficult time discussing this with their elderly parents, doing your own estate documents makes a wonderful segue into the conversation.<\/p>\n\n\n\n ABOUT COLIN SMITH<\/p>\n\n\n Colin Smith is an estate planning, probate, guardianship, and real estate attorney who brings a rare mix of technical precision and human understanding to the practice of law. He didn\u2019t originally set out to practice this kind of law, but after law school at Southern Methodist University in Dallas, TX.,, he found that helping real people through real challenges gave him a sense of purpose that couldn\u2019t be matched. He is a member of the State Bar of Texas \u2013 Probate Section, The Dallas Bar \u2013 Probate Section, and the Dallas Trial Lawyers Association.<\/p>\n\n\n\n\n
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Before becoming an attorney, Colin spent over a decade as a software developer and consultant. That analytical background, combined with a deep empathy for people navigating life\u2019s hardest moments, is what sets him apart.<\/p>\n\n\n\n