By The Vermillion Law Firm LLC
03/07/2015 When an adult in Texas becomes incapacitated
and does not have an incapacity plan in place, it’s up to a Texas court
to step in and name a guardian to manage that person’s affairs. The
guardian’s duties will be determined by the court. These can include
everything from managing the incapacitated adult’s finances, as well as
making day-to-day decisions. For example, the guardian will choose where
the person will live, who he or she interacts with, and what medical
treatments that person will receive.
An incapacitated adult, known as a ward, can also regain his or her
abilities. Here’s what you need to know about guardianship in Dallas
Texas.
Modification
Adults who become incapacitated can no longer make their own
decisions or manage their own affairs. To determine if an adult is
incapacitated, a Texas court will hold a hearing. If there is enough
evidence to show that the adult is no longer capable, the court will
then determine the adults is incapacitated and will appoint one or more
guardians.
In some situations it’s possible for a ward to recover at least some
of his or her abilities. For example, an adult who suffer serious
injuries as the result of an automobile accident can often be left
comatose or unable to communicate. Once a court appoints a guardian, the
guardian will have the ability to make decisions on behalf of the ward.
But a lot of people recover from their injuries. Even if the
incapacitated adult never regains all of his or her abilities, regaining
some abilities can lead to a court modifying the guardianship. In a
modification the court will determine what abilities the incapacitated
person has regained. It might allow, for example, the incapacitated
person to control a portion of his or her own finances, while still
allowing the guardian to manage the rest.
Restoration and Termination
When a ward regains capacity the court can also order his or her
decision-making rights restored, and the rights of the guardian to make
decisions on the ward’s behalf terminated.
To order a restoration, the court has to be convinced by a
preponderance of the evidence that the ward is now capable of making his
or her decisions. This means that the evidence must show that it is
more likely than not that the formerly incapacitated person is not
capable of making decisions.
It’s also possible for a court order a termination of the
guardianship. Terminations can result from a restoration of the ward’s
rights, but also from other conditions, such as the ward’s death.
Of course, the actual procedures involved in petitioning for
guardianship, asking the guardianship to be modified or terminated, and
other related issues can be a little complicated. Always talk to your
estate planning lawyer if you want to know more about guardianships in
taxes.
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