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To be proven incompetent, there must be a showing that the person has a mental disability, physical disability, physical illness, alcohol dependency, chronic drug use, or another condition that renders him or her incapable of managing necessary personal matters.
You must hire an attorney. You have a right to represent yourself in court, but you do not have the right to represent another person. Only a licensed attorney may represent the interests of the proposed ward. The Process: Your attorney will file an application for guardianship with the county court.
Legal How-To: Declaring Someone Incompetent File for Guardianship. If you haven't already done so, you need to file a petition to be appointed as guardian over the person you wish to be declared incompetent.Consult an Attorney.Schedule a Psychological Evaluation.Submit the Evaluation to the Court.Attend the Hearing.
For adults to be referred to HHSC for guardianship they must either have a disability or be 65 or older and a victim of abuse, neglect (including self-neglect) or exploitation.
Once you file your completed paperwork, it usually takes about 30 days for the court to decide if they will grant guardianship. Lawyer and court costs are generally $2,000 to $5,000, depending on where you live in Texas and how hard it is to get the guardianship completed.
A parent can sign an ?Authorization Agreement? form to give a close relative or approved nonrelative authority to care for and make decisions for a child.
HHS Guardianship Services Program For adults to be referred to HHS for guardianship, they must either have a disability, or be 65 or older, and a victim of abuse, neglect (including self-neglect) or exploitation.