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There are specific requirements for the certificate, and it must be dated within 120 days of the filing of the application for guardianship, so you should consult an attorney for the specific requirements before the doctor conducts the examination which forms the basis for the certificate.(Slightly different requirements apply for people with intellectual or developmental disabilities.) The court will appoint an attorney — called an attorney ad litem — to represent the proposed ward, since the granting of a guardianship takes away some of the ward’s civil rights.I think I know someone who meets the definition of an incapacitated person. Texas law has very specific procedures in place for proving the need for a guardianship and getting a guardian appointed.These procedures are too complicated for a lay person to undertake without a lawyer’s help, and most courts will not entertain guardianship applications filed by non-lawyers.The guardian of the estate is required to post a bond in an amount set by the court to assure that the guardian fulfills his or her duties.Insurance companies issue the bond and the guardian pays the premium.Texas courts typically employ the doctrine of least restrictive alternatives in guardianship cases — taking away as few of the ward’s rights as possible and giving the guardian only those rights and powers as is necessary to protect the ward or the ward’s property. If the court decides that a guardian is needed, Texas law provides a priority list for choosing the guardian.If the ward is a minor, the following persons have priority in the following order: parents; the person designated by the last surviving parent of the ward in a properly executed designation of guardian; the nearest ascendant in the direct line of the minor (ascendants are grandparents, great-grandparents, etc.); next of kin; and a non-relative.
Some families pursue a guardianship only to discover that the guardian cannot force the ward to submit to in-patient psychiatric care. Guardianship law is designed to protect the rights and interests of the ward, and it does so by establishing procedures intended to assure guardian compliance with the rules.
A person — called the guardian — is appointed by a court to care for the person and/or property of the minor or incapacitated person — called the ward.
In some other states, guardianships are called conservatorships, but in Texas they are called guardianships. There are two types of guardians and guardianships.
When the guardianship terminates, the guardian must file a final account.
What are the powers and duties of the Guardian of Person?