Less Restrictive Alternatives

Before a court establishes a guardianship, it is required to consider Less Restrictive Alternatives (LRAs). These alternatives should also be evaluated before filing a guardianship application, as they allow individuals to maintain their rights and independence while still receiving needed support.

What Are LRAs?

LRAs can take the form of:

• Legal documents executed while the individual still has capacity
• Supportive services that assist with daily living without removing legal rights

These options are less intrusive than guardianship and focus on empowering the individual, rather than transferring decision-making authority to someone else.

Legal Documents as LRAs

Several legal tools can serve as effective LRAs:

• Medical Power of Attorney (POA): Allows an individual to designate someone to make medical decisions on their behalf if they become incapacitated.
• Durable Power of Attorney (Financial POA): Grants another person the authority to manage finances if the individual loses capacity.
• Supported Decision-Making Agreement (SDMA): Allows a person with a disability to choose someone to help them understand and make decisions, while retaining final decision-making authority.
• Trusts: Can be used to manage assets and ensure financial security without requiring guardianship.
• Joint Bank Accounts: Adding a trusted individual to bank accounts enables them to help manage finances without formal legal intervention.

Important: These documents must be executed while the individual still has the mental capacity to understand and sign them.

Supportive Services as LRAs

In addition to legal documents, non-legal supports and services can help an individual live safely and independently. These may include:

• Home health care
• In-home caregivers
• Meals on Wheels
• Transportation services
• Community-based care programs

These informal supports can often delay or eliminate the need for guardianship, especially when paired with appropriate legal planning.

Work With Experienced Texas Guardianship Attorneys

By exploring LRAs first, families can preserve autonomy while still ensuring safety and support.  Determining whether an LRA is sufficient requires careful consideration of the individual’s needs and abilities. An experienced guardianship attorney can help evaluate available options like powers of attorney documents and trusts, prepare the necessary legal documents, and guide families through the decision-making process. The attorneys at Hammerle Morris can help you identify the right tools and services for your situation, balancing independence with protection so your loved one receives exactly the level of assistance they need.