Guardianship Program
A guardian is a court-appointed person or entity that makes decisions on behalf of a person with diminished capacity. Depending upon the powers granted by the court, guardianship responsibilities include:
- Arranging for placement
- Making medical decisions
- Managing estates
In order for the Texas Department of Aging and Disability Services (DADS) to provide guardianship services:
- lesser restrictive alternatives must not be available;
- an appropriate and qualified alternate guardian must not be available and willing to serve;
- a ward must have resources available to fund services, including long-term care; and
- there must be an expectation that guardianship will meet the person's needs.
DADS may seek guardianship of:
- Incapacitated children reaching adulthood in Child Protective Services conservatorship
- Incapacitated adults in Adult Protective Services investigations when abuse, neglect, or exploitation is confirmed and there is no other means of protecting the person
- Incapacitated individuals referred directly to the program by a court with probate authority under certain criteria established in statute or rule
What services are provided?
Guardianship services include managing the ward's:
- Citizenship issues
- Estates
- Funeral arrangements and disposal of property
- Living arrangements
- Medical treatment, including extraordinary medical procedures
Updated: November 6, 2012