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, the role of guardian of the person is key for caregivers who need authority to place the disabled individual in a more supported living arrangement. The court-appointed guardian of the estate is responsible for managing the disabled person’s finances and property with the court’s supervision.
Probate courts have jurisdiction over guardianship proceedings and an individual applying to become someone else’s guardian must be represented by a lawyer who is certified to counsel and represent individuals in guardianship proceedings. Guardianship proceedings take time and are costly. In Texas, Applicants for guardian must swear that they considered alternatives prior to filing the guardianship, and determined they were not workable. Alternatives to guardianship can include signing a Supported Decision-Making Agreement, Durable Power of Attorney, and Medical Power of Attorney, and utilizing public benefits and community supports and services. Caregivers considering guardianship can consult with the Law Office of Adriane S. Grace, PLLC to determine if guardianship is the correct legal proceeding to file in their situation.
