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Guardianship: Guardianship for the Incapacitated

Guardianship for the incapacitated in Texas refers to the legal process used to protect adults who are unable to care for themselves. A guardian is a court-appointed individual, or sometimes an entity such as a state agency, who makes decisions on the incapacitated person’s behalf.

Setting up a guardianship for the incapacitated in Texas is something a guardianship attorney can help with. We understand how daunting the guardianship process can be, for both parties. You may not be sure how everything works and what the legal rights exist for the guardian and the person who is incapacitated. Here is a look at some of the specifics and how they pertain to guardianship issues.

The Guardianship Process

There is an application that must be filled out for guardianship. This includes simple information about both parties (name, age, sex, etc.). In addition to that, there are specific questions that have to be answered. For example, the relationship between the two parties and the nature of the incapacity. This means that you will have to write on the application about what limitations the person has and issues they may have in taking care of themselves on a day to day basis.

The important thing is to also outline how the individual in question will be taken care of. The person who is taking guardianship for the incapacitated in Texas needs to be in control of their own life. They need to demonstrate that they have the time and resources to take care of someone else. If they will not be home all the time, they need to highlight that they will appoint a home care nurse or other care to help manage the situation.