Guardianship is a legal process used to provide protection for adults who are incapacitated, as defined by the Texas Probate Code. The Probate Code defines an incapacitated person as: "An adult individual who, because of a physical or mental condition, is substantially unable to provide food, clothing, or shelter to himself or herself, to care for the individual’s own physical health, or to manage the individual’s own financial affairs."
The Arc of the United States Position Paper on Guardianship- Most people with intellectual and/or developmental disabilities can manage their own affairs with assistance and guidance from others, such as family and friends. If guardianship is necessary, it should be tailored to the person’s needs. Strict monitoring must be in place to protect the best interests and preferences of each person.
Other Helpful Links:
Family Eldercare- Family Eldercare is appointed by the Probate Court to be legal guardian for elders and people with disabilities who have no appropriate family or friends to act in that capacity.