Frequently Asked Questions

Frequently Asked Questions > Alternatives to Guardianships (11 entries)

I was told I need a guardianship for my loved one. Are there any alternatives?

A guardianship may be the only way to care for the person or property of a minor or an incapacitated person, but often there are less costly, less burdensome alternatives. ...
What is a guardianship?

A guardianship is a court-supervised administration for a minor or for an incapacitated person. A person -- called the guardian -- is appointed by a court to care for the ...
Do I have to be appointed guardian for my minor child?

In most cases, parents are considered to be the natural guardians of the person of their minor children, so no court procedure is required to appoint a guardian of the person. ...
I want to leave property to or for the benefit of a minor or incapacitated person when I die. Can I do so in a way which avoids guardianship?

Yes. A well-drafted will or trust will create a trust for a person who is a minor or who is incapacitated. The trustee can be someone you trust to ...
Uncle Benny left something to my minor child without creating a trust. Is there some way to get it into a trust now?

Yes. Even if property is left to a minor outside of a trust, a guardianship management trust (sometimes called an 867 trust because they are set up under Section 867 ...
How big must an 867 trust be for a bank or trust company to be interested in handling it?

Because of accounting requirements and restrictions on fees, banks and trust companies are reluctant to take on 867 trusts below a certain size. The minimum size varies from bank to ...
My son was injured in an automobile accident and I expect that he will receive a big insurance settlement. Does this money have to go into a guardianship?

Yes. There are several non-guardianship alternatives if the property is being received pursuant to a judgment, including annuities and a special type of trust usually called a 142 trust because ...
Uncle Benny left my daughter less than $100,000 without creating a trust. Do I have to set up a guardianship?

No. One possibility is an 867 trust, discussed above. If the property is cash and is under $100,000, Texas law has a procedure where the money may be placed ...
My child inherited an undivided interest in real property. Do I have to set up a guardianship to sell it?

Maybe not. If the child's interest in the real property is worth less than $100,000 and if the other co-owners agree, Texas law has a procedure for getting court approval ...
My doctor said that I may become incapacitated. Is there anything I can do to avoid a guardianship?

Yes. You can sign disability planning documents such as powers of attorney to designate agents to make decisions for you in the event you become incapacitated. Many of these ...
My spouse is dead, and I worry about who will take care of my kids and their property when I die. What can I do?

A well-drafted will or trust will contain a trust to hold your children's property until they are sufficiently old to handle it themselves. You can designate a guardian of the ...