Guardianship

Minor Incapacity
If a minor child becomes unable to make decisions on their account, due to incapacitation or disability, the Texas court system can issue guardianship rights to act on their behalf. Minor incapacity guardianships, generally speaking, are granted to a trusted family member, friend, and some instances court-appointed to some other person [Guardian ad lietem], the court feels can carry out decisions in the best interest of the child. As a guardian, you may either exercise physical custody of the child or the right to manage their assets as a financial guardian.

Adult Determination of Incapacity
Guardianships can be granted by the Court to help protect adults who are incapable of caring for themselves, otherwise known as the proposed ward. Several qualifications must be met, for example, obtaining a Certificate of Medical Exam from a qualified Doctor, the appointment of a guardian or attorney ad litem to advocate on behalf of the proposed ward, and the posting of a bond by the person/entity that will be acting as Guardian.

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