Special Needs Guardianship: A Short Guide for Parents by Whitney L. Thompson

Special Needs Guardianship: A Short Guide for Parents by Whitney L. Thompson

Navigating the process of special needs guardianship in Texas can feel overwhelming, especially for parents of adult children with disabilities. In this video, we break down what it means to obtain guardianship in Houston and what steps families need to take to ensure the safety and well-being of their loved ones. From filing a petition to working with the probate court, we provide a practical overview of how guardianship works under Texas law.

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When a child turns 18, they are legally considered an adult and gain the right to make personal, medical, and financial decisions. However, in some cases, an adult with disabilities may be unable to manage certain aspects of their life. That’s when a family may need to consider legal guardianship. A Houston guardianship attorney can guide you through the process, helping you determine whether a full or limited guardianship is appropriate based on the individual’s needs.

Guardianship in Texas involves a court process that starts with filing a petition. The petition includes details about the proposed ward’s condition, the relationship between the ward and the proposed guardian, and the reasons guardianship is necessary. Before the hearing, a physician must complete a Certificate of Medical Examination (CME), which describes the areas where the individual requires support. This certificate must be recent, no more than 120 days old, and is a required step under the Texas Estates Code.

The court will appoint an attorney ad litem to represent the proposed ward. This attorney will evaluate whether guardianship is appropriate and will meet with the individual, review medical records, and possibly speak with family members or caregivers. After the hearing, if the judge approves the guardianship, the court will issue a letter of guardianship, giving the guardian legal authority to act on the ward’s behalf. This letter can be used when dealing with schools, doctors, banks, and insurance providers.

Different types of guardianship may be granted depending on the situation. Guardianship of the person allows decisions about health care and daily living, while guardianship of the estate covers financial matters. In some situations, a conservatorship may also be necessary, especially when the ward receives income beyond government benefits. The court may also appoint a limited guardian to handle specific issues or a temporary guardian if an urgent decision is needed. Families can also plan by naming a successor guardian who would assume responsibility if the original guardian can no longer serve.

At The Law Office of Whitney L. Thompson, PLLC in Houston, families can receive legal guidance through each step of the guardianship process. From understanding the difference between power of attorney and guardianship to exploring alternatives like special needs trusts or appointing a financial representative, it’s important to choose the path that best supports the individual’s future. Guardianship involves ongoing responsibilities, including submitting annual reports and, in some cases, posting a bond based on the estate’s value.

To learn more about how guardianship works in Houston and what it means for families under Texas law, watch the full video. If you're considering guardianship for a loved one, contact The Law Office of Whitney L. Thompson, PLLC at (281) 214-0173 to schedule a consultation.

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