Guardianship Flashcards
Alternatives for medical decisions
Medical power of attorney
Surrogate decision maker
Hospital has duty to treat
What is guardianship?
Legal device used to protect rights and interests of incapacitated persons defined as someone who can’t manage personal and fi
Alternatives for education decisions
Power of attorney for education
Family consent policy
Alternatives for Financial decisions
Power attorney for assets
Representative payees
Limited bank accounts
Budget skills education
Advanced directives for mental health
Made when person is capable of making decisions
Must be followed by medical personal- except during certain medical situations
effective during period of incapacity
Chosen guardian
Anybody you want to
Texas law requires
Requires attorney to represent ward
What’s that attorney called?
Ad litem
Order of preference for guardian
Spouse Parents Adult children Siblings Aunt and uncles
If none of those can?
The state- private or public agency
Define incapacitated person
An adult, who because of physical or mental condition is substantially unable to provide food, shelter, or clothing for themselves or unable to manage financial affairs
The process
File application
Served application to person
Mailed to spouse of children
Application must contain
Information about the person with disability What kind of guardianship is sought Nature and degree Limitation of rights requested Why a guardian is needed Value and description of any property
Appointments
Appointed when application is filed and served
Attorney ad litem might be appointed
Court investigator
Interpreter
Hearing?
Judge decides incapacity
Court determines whether person can feed, clothe and shelter themselves
Court looks at applications for qualifications and abilities
