Determines if the person has indicators of diminished capacity.

When someone is referred to the Guardianship Services Program, HHS:

In certain limited circumstances, the court directly requests HHS to be a guardian.įor adults to be referred to HHS for guardianship, they must either have a disability, or be 65 or older, and a victim of abuse, neglect (including self-neglect) or exploitation.įor youth aging out to be referred to HHS for guardianship, they must be in Child Protective Services (CPS) conservatorship and appear to meet the adult definition of incapacity.The Texas Department of Family and Protective Services (DFPS) refers adults or youth aging out of conservatorship to HHS that they think need a guardian.The Texas Health and Human Services (HHS) has a Guardianship Services Program and becomes involved in guardianship in one of two ways: To learn more about the guardianship process in Texas, read A Texas Guide to Adult Guardianship. However, if things change significantly, a judge can decide a guardian no longer is needed. Once a guardian is appointed, it often becomes permanent.

Enrolling the person in available community services, including Medicaid programs.Finding someone to help the person make decisions, including health care decisions.Finding someone to help the person pay bills and manage money.Before asking a court to appoint a guardian, other options are usually tried first, such as: Having a judge appoint a guardian, if one is neededīecause having a guardian takes away a person’s rights, it should be the last and the best choice to protect someone.In Texas, the process to appoint a guardian includes: Guardian and ward are legal terms used to indicate the relationship between someone who protects another (the guardian) and the person being protected (the ward). If this happens, a court of law may appoint a guardian for them. Some people need help managing their daily affairs because of their age, a disease or an injury.

Legal guardianship in pa papers