How to File for Legal Guardianship in Texas

Texas Health and Human Services (HHS) has a guardianship services program and is included in guardianship in two ways: If you plan to establish a guardianship, terminate one, or replace a guardian, immediately contact Romano & Sumner`s guardianship attorneys for a free initial consultation where we can discuss your options and answer your questions. You can reach us online, by phone at (281) 242-0995 or by email at attorney@romanosumner.com. A physician`s letter or certificate in support of an application for guardianship must state (Texas Estates Code § 1101.103(b)(6)): When students with disabilities move into high school, one of the issues school districts will discuss with parents is guardianship. This discussion usually takes place at an Admissions, Examination and Discharge (ARD) meeting during transition planning. A school district must inform parents and the student of the „transfer of parental rights” in connection with the ARD procedure. This note must be made twice: guardianship is a responsibility that must be taken very seriously by the appointed guardian. In addition, the powers and duties of a guardian largely depend on which of the four types of guardianship was established under the Texas Guardianship Act. Here is a description of each type. Guardians and wards are legal terms used to indicate the relationship between a person who protects another person (the guardian) and the protected person (the parish). In Texas, the process of appointing a guardian includes: This article informs you about guardianship – what it is and what are the different rights and obligations that come with it. This article was written by Texas RioGrande Legal Aid. The main advantages of temporary guardianship are that (i) it can be set up quickly and (ii) it is easier to prove the need for a temporary tutor than the need for a permanent guardian.

A guardian of the person and of the estate exercises the authority of a guardian of the person and a guardian of the succession, and his power to make decisions on behalf of the municipality may be restricted by a court in the same manner as one of the types of restricted guardianship described above. It takes some time for permanent guardianship to be established for the person or estate. In the meantime, an emergency situation may arise that requires the immediate establishment of guardianship. This is achieved through the appointment of a temporary guardian. Temporary guardianship usually lasts only 60 days after it has been set up, during which time permanent guardianship may be requested. During Texas` 84th Legislative Session in 2015, lawmakers passed new laws that made Texas the first state to have laws recognizing assisted decision-making agreements as an alternative to guardianship. Assisted decision-making allows individuals to make their own decisions and retain responsibility for their lives while receiving the help and support they need to do so. These laws include: The following facts must be proven for temporary guardianship to be established: For some persons with disabilities, guardianship may be the only option. In addition to guardianship, there are the following options: If a guardian has been appointed: Within 20 days of the appointment, you must sign under oath that you are performing the duties of a legal guardian and file security with the court. After posting the bond, the employee will issue „guardianship letters” to prove that you are the guardian. Letters expire after 16 months.

To receive new letters, you must submit an annual report and post a new bond. The court may dismiss you as a guardian if you violate the oath, for example .B. using community funds for your personal benefit. In order for adolescents to be referred to HHS for guardianship, they must be at the Conservatory of Child Welfare Services (CPS) and appear to meet the adult definition of incapacity for work. „. the court shall interpret guardianship in such a way as to promote the development or maintenance of the highest degree of autonomy and independence of the incapacitated person, in particular by assuming that the incapacitated person continues to be able to make personal decisions concerning his or her residence. See Texas Estates Code § 1001.001 (b) Limited guardianship for succession works in the same way as limited guardianship over the person – the court may allow the municipality to make certain decisions on its own. B, such as selling their home, while retaining the power to make other financial decisions on behalf of the community. For adults to be referred to HHS for guardianship, they must be disabled or 65 years of age or older and be victims of abuse, neglect (including self-neglect) or exploitation. Guardianship may be burdensome for the guardian and, depending on the circumstances, unnecessarily restrictive from the point of view of the wards […].