The Texas Department of Aging and Disability Services has a Guardianship Program. Excerpts from the site:
Guardianship is a legal process used to provide protection for adults who are incapacitated, as defined by the Texas Probate Code. The Probate Code defines an incapacitated individual as: “An adult individual who, because of a physical or mental condition, is substantially unable to provide food, clothing, or shelter to himself or herself, to care for the individual’s own physical health, or to manage the individual’s own financial affairs.”
A guardian is a court-appointed person or entity (such as a state agency) that makes decisions on behalf of a person with diminished capacity. Chapter 13 of the Texas Probate Code defines the purpose, laws and responsibilities of a guardian. Depending upon the powers granted by the court, guardianship responsibilities include, but are not limited to,
- Providing services for adults with diminished capacity that otherwise qualify for guardianship services under the laws of the state of Texas.
- Arranging for placement in facilities, such as long-term care facilities, hospitals or foster homes.
- Managing estates.
- Making medical decisions.
The DADS Guardianship Program provides guardianship services, either directly or through contracts with local guardianship programs, to individuals referred to the program by either the Adult Protective Services (APS) or Child Protective Services (CPS) Divisions of the Texas Department of Family and Protective Services (DFPS).
These services include:
- performing an assessment to determine if the individual has diminished capacity,
- identifying less restrictive alternatives to guardianship, and
- trying to identify other individuals or organizations that are willing, able, and appropriate to serve as guardian.
When all other options have been exhausted and no family member, interested party, or alternative is available, DADS may file an application in a court with probate jurisdiction to be appointed as guardian as defined in Section 48.209 of the Human Resource Code.
For more information, please call (512) 438-3739.
