If your adult child has mental health issues, that may at times affect their ability to obtain treatment or to reasonably make judgements, then the Declaration of Mental Health Treatment may be an option. Click link to find form -->Declaration for Mental Health Treatment

Guardianship is a court/legal process that declares a person incompetent (unable to legally make decisions for themselves). When a child turns 18 years old, they LEGALLY are able to make their own decisions. Which also means that parents/caregivers NO LONGER have those rights and may find it difficult to manage healthcare, treatements, 

Guardianship can be full or limited. There have been some recent reforms to guardianship that helps to determine who can be placed under guardianship and which rights they may retain.  Generally, if a person is placed under guardianship they LOSE the following rights, but ultimately the court decides which rights are retained...

Rigth to Vote

Right to Marry

Right to Drive

Employment 

Obtaining Guardianship can take about 6 months and the process CANNOT start until child turns 18 years old. The process MUST go through the Probate Court and typcially costs between $2,000-$8,000. 

The person applying to BE the GUARDIAN must meet eligility criteria and must complete guardianship certification course. Court decides whether or not the person applying as guardian will be appointed as THE GUARDIAN. The Court can appoint a different person as guardian. 

If a husband and wife are married, they can be "Co-Guardians". If parents of adult child are divoriced then ONLY one parent can be guardian, HOWEVER both parents must have notification if guardianshp is being pursued. 

GUARDIANSHIP must be renued annually and report be filed with court annually.

To learn more about the REQUIRED Guardianship courses  click on the link --> Harris County Guardianship Training

Power of Attorney: Must be notorized and filed with county clerk. Will allow designated person to make decisions for a person IF they become incapacitated. If a person is not able to reasonablly give consent, then POA cannot be obtained or will not be valid. POA can be obtained through an attorney or you can find the forms on line. Make sure that the POA forms found online, are for TEXAS.

-Medical Power of Attorney: Allows person to make Medical decision, when special needs child is not able to make decisions on their own.

-Durable Power of Attorney: Allows person to make decision about estate/assets for a person. 

Supported Decision Making: NEW!! Allows adult with disability to chose a "Supporter" that will HELP them make the best decision for them. Does NOT take away disabled person's right to make decisions. It allows the disabled person to choose who will help them with decisions in their life. FREE form. Must be notorized. The role of the supporter is to help the disabled person understand the pros/cons of each decision, but in the end, the person with the disability still retains the right to make a BAD decision. Can be revoked at any time. Time period for Supported Decision Making can be established. 

Click link to see PDF -->Supported Decision Making Form

Click for the Spanish PDF Form--> Supported Decision Making Form_Spanish Version

Representative Payee Program-->Representative Payee program 

Joint Bank Account: An easy, cost free, way to help a person with a disabilty to manage their money is to establish a joint bank account. It will allow access to the bank account so that it can be monitored or assistance can be made should the disabled person need help with their finances. 

Houston Volunteer Lawyers Program 

713-228-0735

Family, consumer, real property, tort defense, estate planning, probate, immigration

M-F 9am-12pm, 1pm-4-pm

NAACP Legal Redress Program

713-526-3389

Low income, probate, family law, EEOC, consumer, SS, landlord-tenant

Lone Star Legal Aid

713-652-5911 or 1800-733-8394

General legal services

Advocate Legal Senior Center

713-528-7704

Guardianship, probate, money management, and Medicaid Financial planning 

South Texas College of Law and Civil Clinic

713-652-0009

Guardianship, SSDI appeals, name changes, wills & probate, uncontested divorce

University of Houston Law Center

713-743-2094

Guardianship, family, bankruptcy

The Mott Law Firm

* Michael L. Mott

    Phone: 713-228-1010

    Fax: 866-290-6351

    MIKE@THEMOTTLAWFIRM.COM

* Kristen R. Weaver

    Phone: 713-228-1010

    Fax: 866-290-6351

    KRISTEN@THEMOTTLAWFIRM.COM