How to Establish Elder Guardianship in Texas
Watching an elderly parent or relative go through the aging process can be stressful and even scary at times. If your loved one can't care for himself anymore, it might become necessary to consider a guardianship through the Texas probate court. A court-approved guardian often has the responsibility to maintain the ward's finances or make medical decisions on behalf of the ward. For some elderly Texans, an adult child or relative may take on guardianship responsibilities, while other cases require involvement from the Texas Department of Aging and Disability Services or another agency.
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Instructions
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Discuss the idea of elder guardianship with your family, along with your elderly relative, if appropriate. Consider the types of guardianship responsibilities that might be necessary given your elderly relative's condition -- Texas law allows the probate courts to vary the types of powers conferred in a guardianship.
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Identify the Texas probate court locations where you can properly file your application for guardianship. Choose the probate court serving the county where your elderly relative resides now or the county where your elderly relative's primary estate is located.
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Contact or visit the selected probate court to ask for guidance regarding the local procedures and court forms used to file an application for guardianship. Obtain copies of any provided paperwork.
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Prepare your application for guardianship to be filed with the Texas probate court. Provide information as requested by the application to discuss your elderly relative's incapacity and the need for a court-appointed guardian at this time. Include medical reports or other evaluations, if available, as documentation to show the need for a guardianship. Evaluate the types of guardianship powers, as permitted by the Texas Probate Code, that you believe would be appropriate for your elderly relative's situation.
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File your completed application with the Texas probate court. Ensure that copies of your application go to the proposed ward, depending on your elderly relative's condition, and to the proposed ward's spouse, adult children or other next of kin.
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Cooperate with the investigator or attorney ad litem, if appointed by the court, in any ongoing investigations relevant to your application for an elder guardianship. Appear at all scheduled court proceedings until the probate court decides whether a partial or full guardianship is necessary based on the court's evaluation of your elderly relative's condition. If the court grants your application, take the guardianship oath and complete all court-required procedures to assume guardianship responsibilities.
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Tips & Warnings
Consult with a Texas lawyer who practices estate planning, elder law or guardianship law if you need help with the guardianship forms or court proceedings.
Research alternatives to guardianship, such as a power of attorney or living will, and consider whether guardianship is the most appropriate choice for your family.
Speak with an attorney immediately if you are a Texas senior citizen whose family member has started guardianship proceedings and you believe that you don't need a guardian.
References
Resources
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