Guardianship and Alternatives
If your adult child has mental health issues, that may at times affect their ability to obtain treatment or to reasonably make judgements, then the Declaration of Mental Health Treatment may be an option. Click link to find form -->Declaration for Mental Health Treatment
Guardianship is a court/legal process that declares a person incompetent (unable to legally make decisions for themselves). When a child turns 18 years old, they LEGALLY are able to make their own decisions. Which also means that parents/caregivers NO LONGER have those rights and may find it difficult to manage healthcare, treatements,
Guardianship can be full or limited. There have been some recent reforms to guardianship that helps to determine who can be placed under guardianship and which rights they may retain. Generally, if a person is placed under guardianship they LOSE the following rights, but ultimately the court decides which rights are retained...
Rigth to Vote
Right to Marry
Right to Drive
Employment
Obtaining Guardianship can take about 6 months and the process CANNOT start until child turns 18 years old. The process MUST go through the Probate Court and typcially costs between $2,000-$8,000.
The person applying to BE the GUARDIAN must meet eligility criteria and must complete guardianship certification course. Court decides whether or not the person applying as guardian will be appointed as THE GUARDIAN. The Court can appoint a different person as guardian.
If a husband and wife are married, they can be "Co-Guardians". If parents of adult child are divoriced then ONLY one parent can be guardian, HOWEVER both parents must have notification if guardianshp is being pursued.
GUARDIANSHIP must be renued annually and report be filed with court annually.
To learn more about the REQUIRED Guardianship courses click on the link --> Harris County Guardianship Training
Power of Attorney: Must be notorized and filed with county clerk. Will allow designated person to make decisions for a person IF they become incapacitated. If a person is not able to reasonablly give consent, then POA cannot be obtained or will not be valid. POA can be obtained through an attorney or you can find the forms on line. Make sure that the POA forms found online, are for TEXAS.
-Medical Power of Attorney: Allows person to make Medical decision, when special needs child is not able to make decisions on their own.
-Durable Power of Attorney: Allows person to make decision about estate/assets for a person.
Supported Decision Making: NEW!! Allows adult with disability to chose a "Supporter" that will HELP them make the best decision for them. Does NOT take away disabled person's right to make decisions. It allows the disabled person to choose who will help them with decisions in their life. FREE form. Must be notorized. The role of the supporter is to help the disabled person understand the pros/cons of each decision, but in the end, the person with the disability still retains the right to make a BAD decision. Can be revoked at any time. Time period for Supported Decision Making can be established.
Click link to see PDF -->Supported Decision Making Form
Click for the Spanish PDF Form--> Supported Decision Making Form_Spanish Version
Representative Payee Program-->Representative Payee program
Joint Bank Account: An easy, cost free, way to help a person with a disabilty to manage their money is to establish a joint bank account. It will allow access to the bank account so that it can be monitored or assistance can be made should the disabled person need help with their finances.
Houston Volunteer Lawyers Program
713-228-0735
Family, consumer, real property, tort defense, estate planning, probate, immigration
M-F 9am-12pm, 1pm-4-pm
713-526-3389
Low income, probate, family law, EEOC, consumer, SS, landlord-tenant
713-652-5911 or 1800-733-8394
General legal services
713-528-7704
Guardianship, probate, money management, and Medicaid Financial planning
South Texas College of Law and Civil Clinic
713-652-0009
Guardianship, SSDI appeals, name changes, wills & probate, uncontested divorce
University of Houston Law Center
713-743-2094
Guardianship, family, bankruptcy
The Mott Law Firm
* Michael L. Mott
Phone: 713-228-1010
Fax: 866-290-6351
* Kristen R. Weaver
Phone: 713-228-1010
Fax: 866-290-6351
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Lisa Wilson, Attorney |
Michelle Goldberg, Attorney Bellaire, TX 77041 713.218.8800 |
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Wesley Wright, Attorney |
Purcell & Saucedo, PLLC The Woodlands Office 832.769.4135 |
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Marissa Garcia, Attorney Houston, TX 77002 713.201.9740 |
Houston Bar Association 713.759.1133 |
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SPECIALISTS |
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Jean Casagrande, Met Desk Specialist Office- 713.830.6340 Mobile- 281.450.1859 (not an attorney) |
Steven Rhatigan, ChLAP, C.E.P. |
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James Miller, Special Care Planner Mass Mutual, Strategic Financial Group, LLP |
James Rush, CFP®, CRPC® 4801 Woodway Dr. Suite 300 E Houston, TX 77056 713.568.4631 (not an attorney) |