Guardianship

Guardians and supporters of disabled individuals with special needs have the added challenge of determining the availability of supports and services for their loved ones. Many of these supports and services are provided through benefit programs administered by our federal and state governments. Navigating these programs can be a daunting task. Additionally, these programs have […]

When a child’s parents die, or their last surviving parent dies, caregivers must immediately step in and assume not only the responsibilities of raising an orphaned child, but also collecting the child’s inheritance. No matter who the caregiver is, they will need the legal authority to carry out these responsibilities. A guardianship proceeding formalizes the

Individuals who qualify for certain public benefits such as Supplemental Security Income (SSI) and Medicaid must maintain their eligibility under the programs’ income and resource rules to continue to receive these benefits. These eligibility rules are complex. In sum, the individual’s access to excess funds must be very limited to maintain eligibility for their public

A guardianship can be created upon the application of any person. The court can appoint someone to be guardian over a disabled person and/or guardian over the disabled person’s estate. The court-appointed guardian of the person usually has the authority to make all healthcare decisions as well as decisions concerning the disabled person’s residence. Therefore,

Recent changes in Texas guardianship laws require potential guardians and caregivers of disabled individuals to first consider and implement available alternatives to guardianship. Oftentimes, these disabled individuals are young adults with mental disabilities and other special needs who may require continued assistance throughout their adult lives. One alternative to guardianship that may be available for