Obtaining Guardianship of the Person is a means for one person to protect and advocate for a vulnerable person. In doing so, certain rights are removed and reassigned.
What Rights Are Removed During Guardianship?
Under full guardianship, all the rights listed below are removed. In a Limited guardianship, only certain rights are removed. Judges will only consider removing what is necessary to protect the ward.
Rights That Can Be Removed
- Own, possess, or purchase a firearm
- Make personal decisions regarding residence
- Make decisions regarding marriage
- Make decisions regarding medical or dental treatment
- Make decisions regarding psychological or psychiatric treatment
- Make any gift of personal property
- Handle any bank, financial, or investment accounts
- Apply for credit of any kind
- Operate a motor vehicle
- Contract for goods or services
- Vote in a public election
In removing rights, a judge will need to appoint a guardian to take over the tasks and responsibilities of the ward. Giving certain rights to a guardian helps them advocate and protect the individual.
Rights That Can Be Assigned to a Guardian
- The right to have physical possession of Ward
- Establish Ward’s legal domicile
- The power to arrange for Ward’s food and housing needs
- The power to apply for, arrange, and consent to all medical and dental care including, but not limited to, medical tests, examinations, and the administration of medication, as required and needed by Ward
- The power to apply for, arrange, and consent to all psychological tests and evaluations that may be needed by Ward other than the inpatient psychiatric commitments of Ward
- The power to apply for and receive and apply for public, private, and governmental benefits and/or funds from state or federal government sources for Ward’s benefit
- The power to apply for and secure governmental services for Ward
- The power to apply for and secure an identification card for Ward
- The power to consent to the disclosure of Ward’s confidential records
- The power to execute all documents necessary to facilitate employment
- To gain access to all of Ward’s financial records
While these rights can be customized to meet the needs of the ward, the rights above are “typical” of what a Guardian of the Person could include.
Understanding Guardianship of the Person
As you can see there is a great level of responsibility when deciding if guardianship is right for the situation. Guardianship should always be the last option as it is the most restrictive. While guardianship is an intense process, for some it is necessary to protect and advocate for the individual.
Hammerle is Here to Answer Your Guardianship Questions
If you need help with navigating guardianship or are interested in guardianship services for your loved one, schedule a consultation with the experienced attorneys and staff at Hammerle Finley Law Firm.
Courtney Carey is a Texas Certified Guardian and a Care Manager, with experience in Texas Medicaid waiver programs for intellectual and developmental disabilities, mental health, and geriatrics. Contact Hammerle Finley Law Firm to schedule a consultation: www.hammerle.com
The foregoing does not constitute legal advice.
