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  • Guardianship

Guardianship

Guardianship is a legal method used to protect a person's well-being when he or she cannot protect themselves. A guardian is a court-appointed person or entity that makes decisions on behalf of a person with diminished capacity.” Texas Department of Aging and Disability Services.

A patient may only need help with certain types of decisions or activities, so s/he may not need a court-appointed guardian. For example, a patient may not be able to manage money, so a power of attorney limited to financial matters may be helpful.  For certain types of government benefits, a trusted family member/friend can be appointed as representative payee to manage the money for the patient.  Some patients may only need to designate someone through a durable power of attorney for health care to make decisions about health care if the patient becomes unable to do so for his/herself.

Resources

  • Guardianship for Texans with Disabilities
  • Guardianship
  • Texas Guardianship Association - Frequently Asked Questions
  • Texas Guardianship Association - Guardianship Alternatives
  • “Protecting the Incapacitated: A Guide to Guardianship in Texas from Application to Oath”

Legal Assistance

  • “Referral Directory for Low-Income Texans”
  • Lawyer Referral Information Service
    1-800-252-9690
    If you do not qualify for legal aid, this may be a resource. Through the Lawyer Referral Information Service, a person may have a thirty-minute consultation with an attorney for $20. At the end of the consultation, the attorney and individual may discuss possible representation and price structure. Please understand that the Lawyer Referral Information Service is not a pro bono or reduced-fee program.  You should ask for a referral to an attorney who handles guardianship matters. 
  • TexasLawHelp
    TexasLawHelp.org is a website where low-income Texans can find information about their civil legal issues and find out about free legal assistance in their area.
  • Legal Aid of Northwest Texas
    888-529-5277
    Serves 114 TX counties, including the Dallas/ Ft. Worth area and Northwest Texas. They have offices in 15 cities. Each number of each city office can be found on their site.
  • Lone Star Legal Aid
    Serves the Houston area and East Texas (72 counties).
    800-733-8394
  • Texas RioGrande Legal Aid
    Serves the Austin/ San Antonio area, El Paso area, and South Texas.
    1-888-988-9996
  • Guardianship Program - Texas Department of Aging and Disability Services
  • The ARC of Texas
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