Family members seeking legal authority to care for an incapacited loved one need to fully understand the guardianship process. Guardianship in Texas is a fairly straightforward legal process that accomplishes the appointment of a legal guardian over the incapacitated individual. Two different types of guardianship may be ordered - guardianship of the person and guardianship of the estate. Today's blog post will address some of the most basic powers and duties assigned to a guardian of the person.
what are the rights of the ward?
The incapacitated person, known under Texas law as the "Ward" retains all legal rights and powers that are not specifically given to the guardian by court order. The Court's duty is to determine what rights the Ward should not be able to exercise independently, given the nature and extent of the incapacity. It is important to not remove any rights and powers from an individual, even if incapacitated, unless absolutely necessary to protect the Ward and the public.
what are the rights AND DUTIES of the guardian of the person?
Generally, the rights and duties of a guardian of the person include (1) the right to have physical possession of the Ward and to establish the Ward's physical residence and legal domicile; (2) the duty to provide care, supervision, and protection for the Ward; (3) the duty to provide the Ward with clothing, food, medical care and shelter; and (4) the power to consent to medical treatment. Other less common powers may include the power to sign documents needed for the Ward to obtain and maintain employment, and under certain limited circumstances, the power to place the Ward in a restrictive care facility.
GUARDIAN'S DUTIES TOWARD RELATIVES OF THE WARD
A guardian of the person also has a responsibility to provide certain relatives with information about the health and residence of the Ward. In addition, relatives who seek and obtain court-ordered access to the Ward are legally entitled to access to the Ward at the times designated in the Court order. In these circumstances, the guardian has a duty to make the Ward available to the relatives for the Court-ordered periods of access.
A thorough understanding of Texas guardianship law is important for families of incapacitated loved ones, whether the individual is an elderly parent or disabled child. Understanding guardianship law and procedure can bring peace of mind to families and relieve the stress of the unknown. Christiansen Law Firm assists families with guardianship needs. Christiansen Law Firm will review all of the circumstances and advise you regarding the available legal options to protect you and your incapacitated family member. For more information about how Christiansen Law Firm can assist your family with guardianships, contact the guardianship attorneys of Christiansen Law Firm in San Antonio or Houston.