Obtaining a guardianship over a child with disabilities in Texas

Short Answer: Ready to unleash your secret superpower as a parent of a disabled child? Buckle up for an exciting ride, as we delve into the world of guardianship and explore alternative options to ensure your child’s superhero status even after they turn 18! 

Calling all parents of amazing superheroes! As parents, we’ve all experienced those heart-melting moments when our kids display their extraordinary powers, like when they conquer broccoli monsters or create art masterpieces with a single stroke. But what happens when our caped crusader reaches adulthood, and their legal status changes like a plot twist? Fear not, fellow heroes, for we are here to equip you with the ultimate guide to obtaining guardianship for your disabled child and exploring other empowering options to keep their superhero dreams alive!

Reasons to Keep Reading:

  • Different Types of Guardianship: Discover the varied guardianship options available, each with its unique powers, from limited guardianship to joint guardianship.
  • Unleashing Alternative Options: Unravel alternative paths to guardianship, including powerful supported decision-making agreements and the legendary powers of medical directives.
  • Guardianship Rights and Responsibilities: Gain insights into your guardian superpowers, understanding your legal rights and responsibilities to care for your young superhero.
  • Assessing Decision-Making Capacity: Learn how to gauge your child’s decision-making prowess and how it shapes the guardianship journey.
  • The Magical Medical Documentation: Unlock the secrets of gathering essential medical documentation to support your guardianship quest.

But wait, there’s more! The adventure continues as we explore the role of the enigmatic Attorney Ad Litem and unveil the epic Guardianship Hearing Process. Brace yourselves for the ongoing responsibilities once your guardianship mission is accomplished.

Ever wondered what happens when the guardianship journey reaches its climax? Discover the surprising world of “Termination of Guardianship” and how it could reshape your child’s destiny.

Guardianship and Advocacy: Guiding Your Hero’s Journey

Zooming in on Public Benefits: Unveil how guardianship may impact your child’s eligibility for public benefits and how to navigate this complex labyrinth.

Calling All Non-Parent Guardians: Even non-parent superheroes can take up the guardianship mantle! Uncover the process and considerations for grandparents and other relatives ready to wield their caregiving powers.

Empowerment through Supported Decision-Making: Seek inspiration in the world of supported decision-making, where your child can continue their hero’s journey with trusted allies by their side.

A Quest of Emotions and Social Bonds: Join us as we delve into the emotional and social aspects of guardianship, understanding how involving your child in decision-making brings them closer to their superhero destiny.

Ready, Set, Resources: Equip yourself with a treasure trove of resources, support networks, and advocacy organizations dedicated to supporting superhero guardians like you!

So, dear superheroes, are you ready to embark on this thrilling quest and embrace the powers of an attorney for a disabled child? Let’s soar together through this comprehensive guide, ensuring that your child’s extraordinary potential shines brighter than ever! The world of guardianship awaits, and it’s time for your child’s superhero story to soar to new heights. Let’s get started!

Unlocking the Secret Superpower for Your Disabled Child: The Ultimate Guide

As a parent, you are responsible for caring for your child in all areas of their lives. Making sure they go to school, eat their veggies, have a place to live, and have clothes to wear are just a few of the many responsibilities you have as a parent. Your right to do these things for your child is inherent in being a parent in our State. You do not need to seek these rights out from a court- you have them as a natural occurrence of your being a parent and living in our State.

However, once your child reaches the age of 18, these rights all go away. You no longer have the right to make decisions for your child, nor do you have the duty to provide a minimum level of care for them. The law at that point gives your child (who is no longer a legal child) the right to make decisions for him or herself in this regard.

The question that I would pose to parents in your position is whether or not you know how to help your child after their 18th birthday if they are not in a situation where they can meet their daily needs and make decisions to help care for themselves. I would like to allow any of you to read this by providing information about attaining guardianship for your young adult child with a disability.

You have options to help your disabled child after they turn 18

A good thing for you is that there aren’t just one or two options available to you when it comes to helping your child with daily decision-making and financial survival. You can have power of attorney regarding your child and other, more limited abilities to help your child. You can view these as taking measures that would not be as time-consuming or controlling as guardianship. However, if you still view custody as appropriate in your situation, you have come to the right place. We will discuss the guardianship process during the remainder of this blog post.

So what does guardianship mean, anyway?

Guardianship of a person (a child or adult) is when an adult involved in the person’s life is given the responsibilities of caring and decision-making regarding aspects of that person’s life. You, as a guardian, can protect and look after your ward (the person whom you have the guardianship over) because the person is not able to do so themselves.

A court must determine that the person is incapacitated and unable to manage specific areas of their life. This is a necessary precursor to your being named as a guardian. Remember that the term “incapacitated” may mean different things in different contexts. Your child may be physically able to perform various tasks for him or herself but may lack mental talent and proficiency. Or the opposite may be true.

Understanding Guardianship: A Delicate Balance of Rights and Support

From the court’s perspective, the end goal of guardianship is to be the least intrusive as possible into their lives. Independence and self-sufficiency may be two words that you do not associate with your child at the moment. Still, your ultimate goal of yours should be to allow your child to thrive and live on their own as much as possible- even if that leaves you a little apprehensive right now.

Taking away your child’s rights and giving them to you is something that a court will not do unless necessary. As I mentioned earlier, there are alternatives to guardianship that can be explored, and it is wise to do so before jumping headfirst into a guardianship case. We will discuss those options in greater detail in the coming days. Another factor that a court will consider is who your child wants to be, their guardian, if anyone. Finally, the overarching goal of the court will be to determine what is in your child’s best interest and what will help achieve that goal.

While your particular situation may wind up looking a little different than what I am describing below, for the most part, you can expect your guardianship case to look pretty similar to the following outline.

A guardianship case is not straightforward to work on. It would help if you met with attorneys to learn more about the process and eventually hire one to help guide you through the case. Some rules and procedures are unfamiliar to all family or probate law cases you will need to learn and operate under in a guardianship case. You will want to ask the attorneys that you meet with how many guardianship cases they have worked on and what their fees are to represent you.

I should note that the attorneys with the Law Office of Bryan Fagan, PLLC offer free of charge consultations six days a week. One of our licensed family law attorneys will gladly meet with you to discuss your situation and talk with you about how our office is equipped to help you and your child achieve success.

A form will need to be filled out by your child’s physician to describe the sort of areas in which your child needs assistance and supervision. Can your child feed him or herself, make decisions on financial matters, or drive a vehicle? If not, these are the sort of limitations that the physician should make a note of. Depending on the type of disabilities your child suffers from, you may need to request multiple doctors complete the form.

Filing a guardianship petition and having an attorney ad litem appointed to your case

With this information in hand, your attorney will need to file a petition for guardianship with the district clerk for your county. A judge will be assigned to your case, at which time an attorney ad litem will also be appointed to represent your child’s interests. You may be thinking- I thought that I expressed my child’s interests. On one level, you are correct. But it could be determined that this application is not in your child’s best interests. The attorney ad litem will work independently of your interests to look solely at the interests of your child.

Part of the attorney ad litem’s responsibilities is to act as the eyes and ears of the judge outside of their courtroom. Whether or not guardianship is necessary at all or if other stop-gap measures are not as intrusive that could be just as successful will be examined as well. The ad litem attorney will speak to your child (if they can speak) to learn where their strengths and deficits lay. Their opinion is essential, and the ad litem attorney will ask for it.

The attorney ad litem’s work will merge into a report submitted to your attorney and the judge. The information will contain a written statement of their findings and their opinion on whether or not guardianship is justified or necessary. The data will be a piece of evidence that the judge uses to determine whether or not guardianship should be granted. A letter of custody will be printed out and given to you that can be provided to doctors, health insurance providers, banks, or other entities where it is needed.

Attorney for Disabled Child: Navigating Guardianship and Beyond

As a parent, you naturally want what’s best for your child. But what happens when your child has a disability, and they are about to turn 18? As parents, you have the inherent right to care for your child in all aspects of life, but once they reach adulthood, that changes. Suddenly, their legal status changes, and you no longer have the authority to make decisions for them or provide the necessary care. It’s a challenging transition, but fear not, there are options available to help your disabled child thrive even after they turn 18. One vital aspect to consider is obtaining guardianship, and that’s where an attorney for disabled child can be of immense help.

Different Types of Guardianship

When it comes to guardianship for children with disabilities, there are various options to explore. Limited guardianship, plenary guardianship, and joint guardianship are some of the types available. Each type offers different levels of decision-making and care responsibilities for the guardian. It’s crucial to understand these options thoroughly before deciding on the best approach.

Type of Guardianship


Limited Guardianship

Grants the guardian specific powers and responsibilities for certain areas of the ward’s life while allowing the ward to retain decision-making ability in other aspects.

Plenary Guardianship

Provides the guardian with comprehensive decision-making authority over all aspects of the ward’s life, including personal, financial, and medical matters.

Joint Guardianship

Involves sharing the guardianship duties among multiple individuals, such as parents or family members, to ensure a collaborative approach to decision-making for the ward’s well-being.

Alternatives to Guardianship

Guardianship might not always be the most suitable solution for every situation. Before diving headfirst into a guardianship case, it’s essential to consider alternative options. Supported decision-making agreements, powers of attorney, and medical directives are viable alternatives that allow the child to retain some independence while still receiving the necessary support and assistance.

If guardianship proves to be the most appropriate path, it’s vital to understand the legal rights and responsibilities that come with being a guardian. Guardians have the crucial duty of caring for and making decisions on behalf of the individual with disabilities. Knowing the extent of these responsibilities will help ensure that the child’s best interests are always prioritized.

Decision-Making Capacity

Determining an individual’s decision-making capacity is a significant step in the guardianship process. It involves assessing the child’s ability to make sound decisions for themselves. Understanding this assessment and its impact on the guardianship decision is vital for parents seeking guardianship for their disabled child.

Obtaining Medical Documentation

Medical documentation plays a pivotal role in supporting a guardianship petition. The child’s physician must provide information about the areas in which the child needs assistance and supervision. This documentation will help the court understand the child’s specific needs and make an informed decision.

Role of the Attorney Ad Litem

In the guardianship process, an attorney ad litem is appointed to represent the child’s interests independently. This role involves assessing whether guardianship is truly necessary or if there are less intrusive alternatives available. The attorney ad litem will take the child’s input into account and provide a report to the court with their findings and recommendations.

Guardianship Hearing Process

The guardianship hearing is a critical stage in the process. It involves court appearances, evidence presentation, and the judge’s decision-making. Understanding the steps involved will help parents navigate this crucial phase confidently.

Responsibilities After Guardianship is Granted

Once guardianship is granted, the journey doesn’t end there. A guardian has ongoing responsibilities towards the individual with disabilities. These responsibilities include regular reporting requirements and annual reviews to ensure the well-being and protection of the ward.

Termination of Guardianship

Guardianship might not be permanent; situations may arise that require its termination or modification. Understanding the circumstances and process involved in termination is essential for parents and guardians.

Public Benefits and Guardianship

Guardianship can impact the eligibility of the individual with disabilities for public benefits. Navigating the complexities of government assistance programs can be challenging, and it’s crucial to be aware of how guardianship may affect these benefits.

Guardianship for Non-Parents

Parents are not the only ones who can assume guardianship. Non-parents, such as grandparents or other relatives caring for the child, can also seek guardianship. Understanding the process and considerations for non-parents seeking guardianship is essential for those in such situations.

Special Needs Planning

Planning for the future of an individual with disabilities is essential. Special needs planning involves creating trusts and financial arrangements to ensure their ongoing care and well-being.

Supported Decision-Making

Supported decision-making is an empowering alternative to guardianship. It allows individuals with disabilities to make their own decisions while receiving support from trusted allies. Understanding this concept can provide parents and guardians with more options to consider.

Emotional and Social Considerations

The decision to pursue guardianship can be emotionally and socially complex for both the child and the parents. It’s crucial to consider the emotional well-being of the child and involve them in the decision-making process as much as possible.

Resources and Support for Guardians

Being a guardian can be challenging, but there are resources and support networks available to help. Support groups, educational resources, and advocacy organizations can provide valuable assistance to guardians caring for children with disabilities.

Obtaining guardianship for a disabled child is a significant decision that requires careful consideration. It’s essential to explore all available options, understand the legal process, and be aware of the ongoing responsibilities as a guardian. By seeking the guidance of an experienced attorney for disabled child and utilizing the available resources, parents and guardians can ensure the best possible care and support for their loved ones.


And so, dear superhero guardians, as we draw our capes around us and prepare to conclude this epic journey, let us take a moment to reflect on the extraordinary adventure we’ve had! We’ve navigated the twists and turns of guardianship, explored alternative paths to empowerment, and discovered the boundless potential of our exceptional young heroes.

But this is not the end of the story! Oh no, it’s just the beginning of an exciting new chapter in your child’s superhero saga. Armed with newfound knowledge and empowered with a trusty team of allies, you are now ready to tackle whatever challenges come your way.

As you enter the world of guardianship, remember: you hold the key. Unlock the full potential of your disabled child. Just like a superhero discovering hidden abilities, you have the power. Make a difference in their life and the lives of others.

So, whether you choose guardianship, explore the paths of supported decision-making, or unleash your child’s potential in other ways, know that you are not alone. You are part of a league of extraordinary parents, all fighting for the same cause – the happiness and success of our incredible young superheroes.

Empowering Your Child: The Journey of a Superhero Parent

In the end, it’s not the fancy gadgets or the flashy costumes that make a true superhero. It’s the love, dedication, and unwavering support you provide that makes all the difference. And believe us, fellow superheroes, you are doing an exceptional job!

As you continue this adventure, remember each step brings your child closer to their full potential. Embrace the challenges with courage, learn from the setbacks, and celebrate every triumph along the way.

Whenever doubt or uncertainty creeps in, remember the magical moments. Recall when your child’s smile lit up the room or when they overcame incredible odds with determination. Those are the moments that define true superheroes.

So, dear guardians, take a deep breath, stand tall, and face the future with unwavering resolve. Together, we will create a world where every child with a disability can spread their wings and soar.

Thank you for joining this thrilling adventure. Remember, you are not just a guardian; you are a beacon of hope, love, and strength for your amazing child. Your child’s superhero dreams await – now go out there and make their world shine.

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