Many people in Texas have guardianship questions. Below are answers to some common questions
What is a guardian?
A guardian is a person, institution, or agency appointed by a court to manage the affairs of another individual. The guardian may be given the authority to manage personal and/or financial matters. Texas has specific laws that govern guardianship proceedings and the guardian’s activities, as well as laws and procedures for guardianships for minors or for adults with disabilities.
Who may have a guardian appointed to manage his/her affairs?
The Texas legislature presumes that an adult who is at least 18 years old is capable of managing his or her own affairs. To have a guardian appointed, a court must find that the individual has demonstrated a lack of capacity to make or communicate responsible decisions concerning personal or financial matters. Texas defines the specifics governing the definition of an incapacitated person.
How is it determined that a person may need a guardian?
The fact that someone has some sort of diagnosis, or disability, does not equate to the need for a guardian. The primary test for determining the need for guardianship focuses on the ability to make decisions, and to communicate the decisions once made. Most guardianships focus on the ability to make decisions regarding living arrangements, medical care, vocational and educational services, ancillary professional services, care for dependents, and managing finances.
How does a guardian get appointed?
A court must determine based on the evidence presented that (1) the individual is incapacitated according to the law of that state and guardianship is appropriate; (2) the individual or entity to act as guardian is qualified; and (3) the authority granted to the is necessary for the safety of the individual.
Can guardianship be used in an emergency?
Texas has a special procedure for the emergency appointment of a guardian for a specific purpose. They are usually time-limited and not renewable without a full guardianship proceeding.
How long does the guardianship process take?
While temporary or emergency guardianships may be appointed quickly within a few days after the petition is filed, it may be two weeks to as long as two months between petitioning and appointment.
If you have any additional guardianship questions or need more information, please call me today at 682-234-2006 or email me to schedule your free initial consultation.