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Flashcards in Guardianship in Texas Deck (11):

What are the two main groups of guardianship?

Elderly individuals
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

Medical decisions
Educational decisions
Contract problems
Decisions about programs
Administrative convenience
Financial decisions
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.



Who said:
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.

Claude Pepper


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
Surrogate decision-maker


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
Representative Payees
Limited Bank Accounts; co-signor
Budget skills education
Special needs trust


What is Advance Directives for Mental Health

Made when person is capable of making decisions
Instructions for mental health treatment – like medication, ECT, emergency care
Must be followed by medical personnel except in certain emergency situations
Effective during period of incapacity