June 1, 2018 Guardianship Changes

Each guardianship in Texas must be registered by the Judicial Branch Certification Commission (JBCC).  If you are a guardian of an existing guardianship, please go to the JBCC website to provide information about yourself and the guardianship. Please let us know if you have any questions about this process. 

If you are a proposed guardian (not yet appointed), you must undergo a criminal history background check and take the guardianship training. Online training is also available at the JBCC website. The training is free of charge and may be completed in less than an hour. Upon completion of the training, you will receive a certificate of completion to file with the court. You must complete the criminal history background check and complete the training before you can be appointed guardian.

If you were appointed guardian before June 1, 2018, you only need to register the guardianship information in JBCC on-line system and do not need to complete the guardianship training. 

About Guardianship

The need for Guardianship can arise for any number of reasons. At its core, it is the legal process through which the rights of the Ward, an individual who is deemed unable to care for him- or herself, are taken away and decision-making power granted to the Guardian(s), the court-appointed caretaker(s) of the Ward. Guardianship is a very serious matter, and we, the Attorneys of Hayes & Wilson PLLC, treat Guardianship with the utmost care, keeping the well-being of the Ward in mind.

There are essentially two forms of Guardianship:

• Guardianship of the Person (Similar to Medical Power of Attorney)
• Guardianship of the Estate (Similar to Financial Power of Attorney)

A person can be Guardian of both the Person and the Estate, but in some cases these jobs are divided between two individuals. This is determined on a case-by-case basis and is dependent upon what is deemed in the best interest of the Ward.

The Guardianship process has many steps to ensure that the Proposed Ward’s rights are protected and that the guardianship is necessary. This process includes:

• A Doctor’s Evaluation of the Proposed Ward
• A Court Investigator’s Visit with the Proposed Ward
• A Court Investigator’s Visit with the Applicants
• The Court Appointment of an Attorney Ad Litem to Represent the Proposed Ward
• A Court Hearing to Determine the Necessity of Guardianship

If Guardianship is deemed necessary, the Judge will determine the individual(s) to serve as the Guardian(s) and what rights the Proposed Ward should retain.

Guardianship of the Person

When it is deemed by the Court that an individual is unable to make medical and living decisions for him- or herself, a Guardian of the Person is established. This individual is given the authority to make these decisions for the Ward, meaning that all doctors and medical providers must operate based on the instructions of the Guardian in all medical decisions. To help ensure that the Guardian of the Person is making these decisions in the best-interest of the Ward, the Guardian of the Person is required to complete an Annual Report on the well-being of the Ward and submit this report to the Court.

Guardianship of the Estate

When it is deemed by the Court that an individual is unable to manage their own assets or income, there is a need for a Guardian of the Estate or another asset management tool such as a Guardianship Management Trust. The Guardian of the Estate must file an initial inventory detailing the Ward’s assets and keep track of the income and expenses paid out throughout the year. To help ensure that the Guardian of the Estate is making these decisions in the best-interest of the Ward, the Guardian of the Estate must file an annual account to the Court reflecting the changes throughout the year.

To determine if Guardianship is the right choice for you or someone you love, contact us to arrange a consultation with one of our Attorneys.