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An ?incapacitated adult? means someone who is impaired by reason of mental illness, mental deficiency, physical illness or disability and therefore, s/he does not have sufficient understanding or capacity to make or communicate responsible decisions to care for himself/herself or manage his/her finances.
Guardianship provides for the person's care and management of their money while preserving, to the largest extent possible, that person's independence and right to make decisions affecting their life. Texas courts have the authority to appoint a guardian with full or limited authority over an incapacitated person.
In custody cases, the court appoints a guardian ad litem to investigate on behalf of the child at the rate of $150.00 per hour with an initial retainer that can range from several hundred dollars to several thousand dollars.
Private, paid guardians ad litem are paid by the parents per a court order. Volunteer, unpaid guardians ad litem volunteer in abuse and neglect cases through either the state Cass Elias McCarter Guardian ad Litem program or, in Richland County, through Richland County CASA.
A guardian is appointed for an adult if the court finds by clear, cogent and convincing evidence that a person alleged to be incompetent lacks sufficient capacity to manage his or her own affairs or to make or communicate important decisions about the person's self, family, or property.