Is it possible for a person from Louisiana be the legal Guardian of their mother in Texas?
Full Question:
Is it possible for a person from Louisiana be the legal Guardian of their mother in Texas?
05/21/2007 |
Category: Guardianship |
State: Texas |
#5452
Answer:
Texas guardianship law provides that a court may appoint a guardian of a person who has become mentally or physically incapable of making personal or financial decisions. The guardian may be appointed as a guardian of the person or guardian of the person's estate, or both. The guardian's role is to protect and preserve the ward (the incapacitated person) or the estate of the ward.
Certain people are disqualified from being guardians in Texas. Minors, incapacitated persons, debtors of the ward, nonresidents of Texas, and parties to any lawsuit affecting or potentially affecting the welfare of the proposed ward may not be guardians. To create a guardianship, any person may submit an application to the appropriate county court, which must include: 1) The name, date of birth, gender, and social security number of the proposed ward; 2) The name, address, and social security number of the proposed guardian, and his or her relationship to the proposed ward; 3) The names and addresses of the proposed ward's relatives, including spouse, children, and siblings; 4) The type of guardianship sought (of the person, estate, or both) and its proposed duration; 5) The name and address of an institution or person with a custodial, power-of- attorney, or guardianship relationship with the proposed ward; 6) The value and a description of the proposed ward's property; and 7) The facts surrounding the need for the appointment, including the nature and degree of the incapacity. Usually an application is made by a family member or close friend concerned about the person's competence to manage property or make personal decisions. An order granting a guardianship must include court findings that the court has venue, that the ward is incapacitated, that the guardian is eligible and entitled to act as such, and that the guardianship will protect the ward and/or his or her estate. The court is obligated to consider the proposed ward's preferences in appointing a guardian. If the court finds that the proposed ward is only partially incapacitated, it may create a limited guardianship. Under this order the guardian has limited and specific powers.