Flashcards in Guardianship in Texas Deck (11):
What are the two main groups of guardianship?
People with disabilities, especially young adults
What is guardianship?
It’s a legal device used to protect the rights and interests of an incapacitated person, defined as someone who cannot manage personal and/or financial affairs alone.
Mention two types of guardinship
Guardianship of the person
Guardianship of the estate
Why guardianship is considered
Decisions about programs
Living arrangements decisions
Sexuality and related issues
What will happen when parents die?
Why Avoid Guardianship
Public declaration of incompetency
Takes away freedom and choice
People deal with guardian instead of person
Expense ($3-4 thousand)
Difficult to terminate or modify
Loss of rights
What is the most punitive civil penalty that can be levied against an American citizen.
The typical ward has fewer rights than the typical convicted felon. They no longer receive money or pay their own bills. They cannot marry or divorce. It is, in one short sentence, the most punitive civil penalty that can be levied against an American citizen.
Alternatives to Guardianship
Alternatives for Medical Decisions:
For medical emergencies: Hospitals have a duty to treat so there is no need for a guardian in an emergency.
Medical Power of Attorney
Alternatives to Guardianship for educations decisions
Power of Attorney for Education
Family Consent Policy by the ISD
Alternatives to Guardianship for Finalcial Decisions
Power of Attorney for assets
Limited Bank Accounts; co-signor
Budget skills education
Special needs trust