To request information or assistance please email the Guardianship Services Program. Until the court decides, the person is an alleged incapacitated person (AIP). First, the court must determine whether a person is incapacitated. When all least restrictive options have been exhausted - and no family member, interested party or alternate guardian is available - HHS may ask the court to be appointed as guardian. The Superior Court can assign a guardian to care for an adult who cannot care for themselves.Identifies other people or organizations that are willing, able and appropriate to serve as guardian.Identifies less restrictive alternatives to guardianship.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: Vietnamese: Hướng dẫn về Quyền Giám Hộ cho Người lớn ở Texas HHS Guardianship Services Program Spanish: Manual sobre la tutela de adultos en Texas To learn more about the guardianship process in Texas, read A Texas Guide to Adult Guardianship.Įnglish: A Texas Guide to Adult Guardianship However, if things change significantly, a judge can decide a guardian no longer is needed. This article explains guardianshipwhat it is, and the various rights and responsibilities related to it. Once a guardian is appointed, it often becomes permanent.
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