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 these individuals is a Supported Decision-Making Agreement.
A Supported Decision-Making agreement is legally recognized in the state of Texas. This is a special agreement between the supporter and the disabled person that gives the supporter legal authority to assist the individual with making decisions as it pertains to, or involves, a third party. It differs from a power of attorney because it allows the supporter to make decisions with the adult instead of independent of them.
These agreements are not a substitute for a power of attorney. Whether a Supported Decision-Making agreement is a feasible alternative to guardianship is fact dependent. Caregivers and potential guardians can consult with Law Office of Adriane S. Grace, PLLC to determine if a Supported Decision-Making agreement can be implemented to avoid a guardianship.
