What happens if a close one becomes incapacitated? Who is going to make the decision for him or her? What kind of decisions can be made by that individual? How will the incapacitated person be taken care of and to what extent? One option in this situation can be opting for guardianship in Texas. In case the government of Texas determines a close one to be incapacitated then a guardian can be appointed for the same person. This article acts as a guide providing all necessary details about the types of adult guardianship in Texas.
What is meant by adult guardianship?
Adult guardianship is defined as an arrangement that is established by the court between two individuals- a guardian and a ward in a particular country. The ward is referred to as a person who needs help in managing his or her personal affairs. The reason why a court-appointed guardianship in Texas is established is that the ward is mentally incompetent or can’t communicate and thus, is not capable of managing personal affairs without any assistance. It is the guardian who is responsible for taking care of incompetent individuals by managing their personal affairs.
Types of Adult Guardianship
According to the Texas guardianship law, there are the following mentioned different types of adult guardianship in texas:
Guardian of the Individual (Full or Limited)
A guardian is responsible for making personal decisions on the behalf of an incapacitated individual (ward), including:
- The right to determine where the ward is going to live
- The right to consent to particular healthcare treatment on behalf of the ward
- The right to put the ward into a nursing home
- The right to allow or forbid the travel plans of the ward
- The right to file for or refrain from divorce o behalf of the ward
Full Guardian of the Individual
A full guardian of the ward is officially eligible to exercise all rights in the same manner as a parent might exercise authority over their kid, subject the particular legal limitations. For example, a guardian is not allowed to unilaterally put a ward into a mental health facility or force the ward to undergo psychotropic treatment. A guardian is mandated to act in the best interest of the ward.
Limited Guardian of the Individual
A limited guardian of the ward is eligible to exercise more limited authority compared to a full guardian of the individual. Certain limitations are imposed by the court in Texas that, at first, established the guardianship of the ward. For instance, a court might allow the ward to:
- Decide if he or she wants to get married or not
- To vote
Guardian of the Estate (Full or Limited)
A guardian of the estate is eligible to manage the financial affairs of the incompetent person (ward). The reason why guardians of the estate are supervised carefully by the court is that there is a high potential for abuse that can arise out of this sort of arrangement. The court in Texas might vest a guardian of the estate with the below-given authority:
- To pay the bills of the ward
- Determine which bills of the ward to pay and which not, if the guardian does not have sufficient resources to pay all bills.
- Invest money in the ward
- The right to apply for government benefits on behalf of the ward
- Purchase or sell the properties on behalf of the ward
Limited guardianship of the Estate
A limited guardianship of the estate works similar to the limited guardianship of an individual. The court might allow the ward to make particular decisions, like whether to sell his property or not. It is the guardian who is responsible for making other financial decisions on the behalf of the ward.
It is the Statutory Probate Court that has jurisdiction over guardianship matters in Texas. The court takes a while to establish permanent guardianship in texas and there might be an emergency when the immediate establishment of the guardianship is required. In such a case, temporary guardianship is established by the court. Some facts are evaluated by the court in Texas to establish guardianship of the adult.