Wednesday, August 22, 2007

Very Brief explanation of Guardianship in the State of Texas

Guardianship is a court order that puts property, fiances and the wellbeing of a person into the hands of another entity. This incoudes humans, associations and corporations. Who needs a guardianship? People that are judged to be menatally incompetent or are physically unable to care for themselves. This incudes minor children (under the age of 18). There are several types of guardianships. The person appointed to take care of the person MUST to the court. The guardian appointed by the court is held to a high level of responsibility as dictated by the court. Guardianships are controlled byt he Texas Probate Code. All Texas codes are available on-line for free. Just go to any major search engine and type in either "Texas Probate Code" or "Texas Codes" and they should pop up. You need to read Texas Probate Code Section 601 for definitions. Read Section 602 for a description of the policy and purpose of a guardianship. A guardian is the person appointed by the Judge to serve as the legal representative for an incapacitated person. A Judge must find the person is "incapacitated" in order to appoint a guardianship. There are temporary guardianships and permanent guardianships.

1 comment:

vze3wtht said...

What should you do when you have a power of attorney and the judge ignores it and appoints a guardian instead?