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Substance abuse can wreck decision-making and put someone’s health, safety, or finances at serious risk. When addiction reaches a point where a person can’t care for themselves or manage daily life, families may consider legal options. Guardianship of persons with substance abuse issues gives someone the authority to step in and make decisions when addiction causes incapacity. Texas courts approach these cases with caution but offer families a path to protect their loved ones.
What Is Guardianship in the Context of Addiction?
Guardianship allows one person to legally act on behalf of another who cannot care for themselves. The court reviews each case carefully before granting this power. In addiction cases, the person’s drug or alcohol use must result in a clear inability to make rational choices.
Texas courts do not appoint guardians just because someone drinks too much or uses illegal substances. The addiction must reach a level where the person is unable to provide food, clothing, shelter, medical care, or manage their finances.
When Courts Consider Guardianship for Addiction
Each case depends on the facts. Families must show that substance use has damaged the person’s ability to function. Some signs that may lead a court to consider guardianship include:
- Repeated overdoses or ER visits
- Failure to pay rent, buy food, or attend medical appointments
- Delusions, hallucinations, or paranoia caused by substance use
- Dangerous behavior toward self or others
- Failure to follow through with rehab or treatment
These signs must go beyond poor judgment or bad habits. Texas law requires clear and convincing evidence that the person cannot manage basic needs or financial matters.
Types of Guardianship Available in Texas
Texas courts may grant different types of guardianship depending on the person’s condition and what areas they need help with.
Guardian of the Person
This guardian makes decisions about medical care, living arrangements, and daily life. For someone with a severe addiction, the guardian may approve treatment plans, choose rehab programs, or move the person to a safer living environment.
Guardian of the Estate
This guardian manages money, property, and legal obligations. Addiction often leads to poor spending decisions or financial neglect. The guardian may pay bills, protect assets, and prevent fraud.
Guardian of the Person and Estate
Courts may combine both roles when the individual cannot handle any part of their life or finances. This option provides full legal authority, but the guardian must follow court rules and file regular reports.
The Legal Process in Texas
Texas courts require strong evidence before granting guardianship. The process includes multiple safeguards to protect the rights of the person at risk.
Step 1: File an Application
The person seeking guardianship must file a petition with the probate court in the county where the individual lives. The application must describe the substance abuse issues and explain why guardianship is necessary.
Step 2: Submit a Medical Evaluation
A licensed doctor must examine the individual and complete a form called the Physician’s Certificate of Medical Examination (PCME). This document must confirm the person’s incapacity due to substance use or its effects.
Step 3: Notify the Individual and Family
The person with addiction must receive formal notice of the guardianship case. The court also notifies close relatives. Everyone has the right to object or appear in court.
Step 4: Appointment of an Attorney Ad Litem
The court assigns a lawyer to represent the person with addiction. This attorney meets with the individual, investigates the case, and reports to the judge.
Step 5: Attend the Court Hearing
The judge hears evidence and listens to testimony. The court may ask about past behavior, treatment attempts, and the current risk to health and safety. If the judge agrees that guardianship is necessary, they issue an order.
Guardian Responsibilities in Addiction Cases
Guardianship creates legal duties. The guardian must act in the best interest of the person with substance abuse issues and follow all court rules.
Guardian of the Person Duties
- Make decisions about drug or alcohol treatment
- Approve or refuse certain medical care
- Choose safe housing
- Monitor physical and mental health
- File annual reports with the court
Guardian of the Estate Duties
- Set up separate bank accounts
- Prevent misuse of income or benefits
- Pay bills, rent, and debts
- Manage investments or real estate
- File annual accountings
Guardians cannot force someone to stay in rehab or take medication against their will unless the court grants specific powers. Texas law tries to balance safety with individual rights.
Limitations of Guardianship for Addiction
Guardianship helps provide structure and protection, but it has limits. It cannot cure addiction or force someone to recover. In some cases, the person may resist help, refuse treatment, or continue using despite oversight.
Courts cannot place someone in guardianship simply to control them. There must be medical proof of incapacity. Addiction alone does not qualify unless it results in a loss of ability to meet basic needs.
Some people may improve with treatment and later ask the court to remove the guardianship. If a judge finds that the person has regained capacity, they can terminate the order.
Alternatives to Guardianship
Families should consider all options before filing for guardianship. Less restrictive tools may provide the same protection without involving the courts.
Medical Power of Attorney
If the person is still capable of understanding, they can sign a document giving someone else authority to make medical decisions. This works well during short-term hospital stays or detox.
Durable Power of Attorney
This allows a trusted person to manage financial matters, including bank accounts and property. The person must still have capacity when they sign it.
Representative Payee
The Social Security Administration can assign someone to manage benefits. This does not require a court case and may work when the addiction affects spending habits.
Intervention and Treatment
Sometimes a structured intervention, followed by rehab, can help without the need for guardianship. Families can work with counselors or social workers to find support.
How to End Guardianship
Guardianship does not always last forever. If the person enters recovery, completes treatment, and regains control over daily life, they can petition the court to end the guardianship.
The court will review medical records, testimony, and progress reports. If the judge agrees that the person no longer meets the legal standard for incapacity, they will issue an order to end the guardian’s role.
The guardian can also resign if they can no longer serve. In that case, the court may appoint someone else or review the case to decide if the guardianship is still needed.
Conclusion
Guardianship of persons with substance abuse issues in Texas offers a way to protect those who have lost control over their lives. It allows family members or trusted individuals to step in and make decisions when addiction causes serious harm.
The court takes each case seriously and requires medical proof, legal review, and regular monitoring. Guardianship isn’t a cure, but it can help prevent injury, financial loss, and neglect during a critical time.
Other Related Articles:
- Can an Older Sibling Get Custody of a Younger One in Texas?
- How to Get Legal Guardianship of a Grandchild in Texas: A Step-by-Step Guide
- Legal Protections for Spouses Dealing with a Partner’s Gambling Addiction in Texas
- How To Modify a Guardianship In Texas
- The Types Of Guardianships Available In Texas
- Guardianship proceedings in Texas
- How to File for Guardianship in Texas: A Step-by-Step Guide
- Guardianships and alternatives for adult, disabled children in Texas
- How To Contest a Guardianship In Texas Probate Court
- Understanding Temporary Guardianship In Texas
Frequently Asked Questions
In Texas, individuals who may qualify for guardianship include those who are deemed to be incapacitated, often due to mental or physical impairments. The court assesses their ability to make informed decisions, and if they are found to lack capacity, guardianship may be considered.
To obtain guardianship of an adult in Texas, you’ll typically need to file a petition with the Texas probate court. The court will evaluate the individual’s capacity and determine if guardianship is necessary. Legal counsel and various assessments may be required during the process.
The duration of the guardianship process in Texas can vary based on individual circumstances and court caseload. On average, it may take several months to a year to complete the process, including the assessment of the individual’s capacity, court hearings, and necessary approvals.
The responsibilities of guardianship in Texas depend on the type (Guardianship of the Person or Guardianship of the Estate). Generally, it includes decision-making related to personal care, medical treatment, and daily living arrangements for Guardianship of the Person, while for Guardianship of the Estate, it entails managing financial matters, assets, and property.
