Guardianship, Minors And Elder Abuse
You may be experiencing a situation where an adult is being abused, neglected, or exploited, or is just unable to care for himself or manage his assets, or is a minor who has inherited property or has need for someone with authority to manage the minor's assets. Among the actions that might be warranted are guardianship proceedings for minor children and adults who are incapacitated. The following is general information about Texas guardianship law, but is not intended to be a substitute for legal advice of an attorney nor to create an attorney client relationship with the reader.
How Guardianship Is Initiated
In Tarrant County, Texas, guardianships are heard and administered by the Probate Courts. Any interested person may request the probate court to appoint a guardian for someone the person believes to be incapacitated.For A Guardianship, Definition of “Incapacitated Person”
An incapacitated person is a person who is unable to provide food, clothing, or shelter for himself or herself, who is unable to care for his or her on physical needs, or who is unable to manage his or her own financial affairs because of a mental or physical condition. A minor is also considered to be of legal incapacity.Different Levels of Incapacity
The doctor treating the person who is incapacitated must specifically set out in a letter to the court the mental or physical basis for the incapacity and the extent of the incapacity. There is a required form specified for the doctor's letter, which contains questions concerning the person's ability to drive, vote, enter into a contract, manage money, and similar matters.Retention of Certain Rights and Powers When Guardian Appointed
The judge can appoint a guardian but can limit the guardian's powers so that all rights and powers except those granted to the guardian are kept by the incapacitated person.Types of Guardians
There are guardians of the person and guardians of the estate. A guardian of the person has the duty and power to provide the incapacitated person with clothing, food, medical care, and shelter. A guardian of the estate has the duty and power to manage the incapacitated person's financial affairs. One person can fill both positions.Persons Who May Service as Guardian
The court will appoint a guardian in the following order of priority: (1) the incapacitated person's spouse; (2) the person's next of kin; or (3) any eligible person who is qualified to serve.Persons Disqualified to Serve as Guardian
The law disqualifies certain persons from being appointed as guardian, including persons with an adverse claim against the incapacitated person or his property or certain conflicts of interest, minors and incapacitated persons, a notoriously bad person, a nonresident without a resident agent, or a person whom the court finds unsuitable.
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The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
