An “Incapacitated Person” is an adult who, because of a physical or mental condition, is substantially unable to: provide food, clothing, or shelter for himself or herself; care for the person’s own physical health; or manage the person’s financial affairs. Texas Estates Code §1002.017.
Does your loved one lack the mental capacity to make his or her own financial decisions, manage a personal bank account or make responsible decisions to administer their own medications? Did a physician determine that your loved one is either partially or totally incapacitated? In such situations, before you consider a guardianship of the person and/or estate, you will want to determine if there are less restrictive alternatives or supports and services available to your loved one.
Oftentimes, litigation arises in guardianships with regards to the choice of guardian or removal of guardian due to a breach of their duties to your loved one. Litigation also arises if there is a dispute regarding whether your loved one does or does not need a guardian of the person and/or estate. If you are faced with these issues, the Scheuerman Law Firm, PLLC is here to help you, to serve as your advocate through these contested matters, and to assist you in the resolution of your case through trial. Hella Scheuerman is fluent in Spanish and is frequently selected to represent Spanish speaking individuals in Guardianship matters.
Each Guardianship case has its own unique set of facts and circumstances. If you determine that a guardianship is the best option for your loved one, depending on the facts of your case, the Scheuerman Law Firm, PLLC will assist you with your Guardianship matter, which may include:
- Application for Temporary Guardianship of the Person and/or Estate
- Application for Permanent Guardianship of the Person and/or Estate
- Removal of Guardian
- Appointment of Successor Guardian
- Restoration of Capacity and Termination of Guardianship