Guardianship

Texas Law

  • Provides a legal system for assigning a guardian for people who are incapacitated which can be tailored to provide only the specific assistance needed while preserving rights and independence.
  • Provides that guardianship proceedings consider 1) the extent of the ward's incapacity, 2) the necessity of the guardianship, and 3) the most appropriate person to be appointed guardian, using "the best interest of the ward" standard.
  • Requires an application for guardianship with a probate court clerk to begin the legal process.
  • Provides for individuals to name a guardian in their will.
  • Requires medical history for a child relinquished for adoption.
  • Requires the Department of Aging and Disability Services to develop a permanency plan for each child in a State institution.
  • Ensures the involvement of parents or guardians of children placed in various institutions.
  • Requires that parents or guardians are informed of all available community based services and options.
  • Allows a child under the care of the Department of Family and Protective Services to attend permanency hearings.
  • Requires a detailed letter or certificate from a licensed physician in order to create guardianship for an incapacitated person.
  • Provides that a professional guardian (usually a non-family member who is compensated for his services) may not be appointed to serve as the guardian of an incapacitated person if the person does not have the required certification under the Certification Requirement for Private Professional Guardians and Public Guardians, and allows a court to remove any current guardian without proper certification.
  • Provides that a Medicaid recipient with a paid guardian may deduct from his or her income the compensation paid to the guardian.
  • Allows wards and proposed wards to hire an attorney as long as the ward or proposed ward has the intellectual capacity to contract.
  • Authorizes courts to remove a guardian who abuses, exploits, or neglects an elderly ward or a ward with a disability.
  • Requires courts to inform family members of their right to be notified of all actions relating to the guardianship.
  • Provides that when a guardian is removed, family members can apply to serve as the ward's guardian.
  • Provides removed guardians with 30 days to file for reinstatement.
  • Provides that a guardian may request permission from the court to transfer a portion of the ward's estate (money, property, etc.) to allow the ward to qualify for government benefits.
  • Provides that a parent or other conservator of an adult child with a disability may be able to be appointed guardian without a hearing if he or she can present the court with a letter demonstrating the conservatorship.
  • Permits a person with only a physical disability (not mentally incapacitated) to apply for creation of a guardianship management trust, which may be necessary to qualify for government benefits.

Texas Statutes

Resources

Contact

Texas Guardianship Association