Guardianship is a legal process that gives one person (the guardian) the authority to care for another person (the ward) who is unable to make their own decisions. Guardianship can be necessary for elderly people who have lost their mental capacity due to dementia or Alzheimer's disease, or for young adults with intellectual disabilities.

In Texas, guardianship is established through the probate court. The first step is to file an application for guardianship with the court. The application must include information about the proposed ward, including their age and mental and physical condition. The application must also include information about the proposed guardian, including their qualifications and relationship to the proposed ward.

After the application is filed, the court will hold a hearing to determine whether guardianship is necessary. At the hearing, the court will consider the evidence presented by the parties and make a decision based on the best interests of the proposed ward.

If the court grants guardianship, the guardian will be given the authority to make decisions about the ward's care and welfare. This may include decisions about the ward's medical care, finances, and housing. The guardian is also responsible for protecting the ward's assets and ensuring that their needs are met.

Guardianship is a serious responsibility, but it can be necessary to ensure the well-being of an incapacitated elderly person or young adult. If you are considering filing for guardianship, it is important to speak with an experienced attorney to discuss your rights and options.

Here are some additional things to keep in mind about guardianship for incapacitated elderly and young adults in Texas:

• Guardianship should only be sought as a last resort. There are other less restrictive options available, such as supported decision-making and power of attorney.

• The court will appoint a guardian who is in the best interests of the ward. This may be a family member, friend, or professional guardian.

• The guardian is accountable to the court and must annually report on the ward's well-being.

• Guardianship can be terminated if the ward regains their capacity or if the guardian is no longer able to serve.

If you have any questions about guardianship for incapacitated elderly and young adults in Texas, please contact me at francine.m.bennett@lakeridgelegal.com