Navigating the legal responsibilities that come with caring for an adult child with disabilities can be challenging. For those in need of legal clarity and direction, Houston guardianship attorney Whitney L. Thompson (https://www.wthompsonlaw.com/special-needs-guardianship-a-short-guide-for-parents/) provides an informative guide that outlines the essentials of special needs guardianship. In her recent publication, “Special Needs Guardianship: A Short Guide for Parents,” Thompson breaks down the key legal considerations and court procedures involved in this critical area of family law.

When a child turns 18, they are considered a legal adult, capable of making their own decisions. However, for some families, stepping in as a guardian becomes necessary when an adult with disabilities cannot independently manage their personal, financial, or medical affairs. Houston guardianship attorney Whitney L. Thompson explains that guardianship gives a parent or caregiver the legal right to assist in or make decisions for the adult, depending on their specific needs and the scope of the court’s order.

As outlined by Whitney L. Thompson, a Houston guardianship attorney at The Law Office of Whitney L. Thompson, PLLC, there are different types of guardianships tailored to the unique requirements of each individual. Guardianship of the person covers decisions about daily care, medical treatment, and living arrangements. Guardianship of the estate relates to managing financial matters. Courts may also grant limited guardianship, which allows individuals to retain some decision-making power, or temporary guardianship in urgent cases. According to Thompson, “Most courts consider special needs guardianship a last resort and attempt to find alternatives that grant the individual some power to make their own decisions.”

To initiate the process, the prospective guardian must present a physician’s certificate of medical examination, documenting the individual’s needs. The application is submitted to the court, which appoints an attorney ad litem to represent the interests of the person in question. The court then reviews the medical records, interviews family members, and considers less restrictive alternatives before granting guardianship. The guardian is issued a letter of guardianship, which enables them to legally interact with institutions on behalf of the ward.

The publication also discusses common alternatives to guardianship, which may be appropriate for adults who still possess some decision-making ability. These include the creation of a special needs trust, the assignment of a durable power of attorney, or appointing a financial representative. These measures can be tailored to meet individual needs while maintaining as much independence as possible.

Another key section of the article clarifies the difference between a power of attorney and legal guardianship. Whitney L. Thompson notes that a power of attorney is appropriate when an individual still has the legal capacity to make decisions and can voluntarily grant authority to another person. Guardianship, by contrast, is a court-supervised arrangement used when the individual is no longer capable of making safe or informed choices due to mental or physical limitations.

The cost of establishing a special needs guardianship in Texas can vary, as outlined by Thompson. Court filing fees range from $250 to $400 depending on the county, and additional expenses may include attorney fees, physician evaluations, and annual administrative costs. The court may also require the guardian to post a bond, particularly if they will be managing an estate. These costs can increase if the guardianship is contested or involves extended legal proceedings.

Throughout the guide, Thompson stresses that guardianship is not a one-size-fits-all solution. Legal incapacitation is a specific standard defined by Texas law and is distinct from simply having a disability. Individuals may require guardianship in only some areas of life, and the courts will tailor orders accordingly. “When you seek guardianship, it is essential to first understand the abilities and needs of your child and how they are seen by law,” the guide emphasizes.

Whitney L. Thompson concludes the article with a call to consider all aspects of the guardianship process, from eligibility and court requirements to available alternatives. She advises families to consult with a legal professional when exploring their options. At The Law Office of Whitney L. Thompson, PLLC in Houston, the firm assists families with navigating the guardianship process with clarity and care.

For those exploring whether guardianship is the right step, understanding the process is the first move toward protecting a loved one’s well-being and dignity. Legal arrangements such as guardianship or alternatives like a power of attorney should be guided by what best suits the individual’s current condition and long-term needs.

About The Law Office of Whitney L. Thompson, PLLC:

The Law Office of Whitney L. Thompson, PLLC, based in Houston, Texas, provides legal support in areas including guardianship and family law. Whitney L. Thompson is committed to offering straightforward legal information that helps families make decisions about their future.

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Phone: (281) 214-0173
Address:4201 Farm to Market 1960 Rd W Suite 360
City: Houston
State: Texas 77068
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Website: https://www.wthompsonlaw.com/