How Do I Get Guardianship Over My Father in Houston, Texas?

Filing for guardianship in Texas is vital to protect vulnerable citizens.

Obtaining guardianship over a parent involves filing a petition with the Texas district court. The law recognizes the need for guardianship over elderly or otherwise incompetent adult individuals in order to protect them from vulnerability. Once the petition has been filed, the judge will order a guardianship hearing in which all parties involved, including other family members, may be given an opportunity to voice their opinions in support of or in opposition of the guardianship. Certain factors must be present in order for the court to award guardianship over an adult.

Instructions

1. File the necessary paperwork within the county where the proposed ward resides. A petition must be drafted and submitted to the court detailing the reasons why the adult is in need of a guardian. There is no official guardianship forms and the applicant (person seeking to become guardian) is free to draft the document in any format so long as it is clear, concise and meets the statutory guidelines. The petition must include a broad amount of material including all identification information for guardian and ward, nature and degree of incapacity, information relating to the ward's estate, identification of any current holders of power of attorney over the ward and identifying information about the ward's spouse, siblings and children if he is over age 60.

2. File the paperwork with the clerk in the county within which the ward resides. At that point, the clerk will issue a citation to be sent to the ward. If the application for guardianship is filed within the Special Probate Court, a court investigator will be assigned to the case. The investigator will look into the ward's life and determine whether guardianship is in his best interests. If the investigator agrees that guardianship is necessary, an attorney ad litem will be assigned to represent the best interests of the ward.

3. Attend the guardianship hearing. Notice will be sent to all interested parties to attend the guardianship hearing. During this proceeding, the judge will inquire into the specific facts of the case and why guardianship is necessary. The ward is entitled to both a closed hearing and a jury trial if he so chooses. Parties may contest the guardianship so long as they do not have a financial interest in the matter. This includes the ward himself.

   During the hearing, the judge will look to see if the ward is able to feed, clothe and bathe himself as well as manage his property and finances.

4. Adhere to the court's findings. The court will only award guardianship if it finds clear and convincing evidence that the ward is incapacitated, it is in his best interests to assign a guardian and the rights of the ward will be protected by the guardian. The case will be dismissed if the court finds the ward is able to care for himself. Limited guardianship is also possible in a situation where the ward can achieve some, but not all, of the necessary requirements.

References

• Texas Guardianship Association: Guardianship Process; 2011
• Texas Guardianship Association: Capacity Determination; 2011