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Incompetence and Non Compos
Mentis (POAs & Guardian Issues)
As we get older, some of our loved ones
find it more difficult to take care of themselves and deal
with every day life. When the person becomes a danger
to
themselves or others, or are not able to manage their own
financial affairs, it may become necessary to appoint a
guardian for that person and meet with a Texas guardian
lawyer to discuss
guardianship issues. In a best case situation,
the person can select their own guardian and assist with the
transition.
Austin
Guardian Lawyer, Jason Coomer works with families, friends,
and proposed wards
through the guardianship application process. For
questions on Texas Guardianships, please e-mail Austin Texas Guardian
Lawyer
Jason Coomer at
AustinGuardianLawyer@texaslawyers.com or
use our
Law Office contact form.
Texas Guardianship Law
and Incompetent Persons
"Non Compos Mentis"
and "incompetent" are terms
used when a
person cannot take care of herself or himself.
The term non compos mentis comes
from
Latin, non meaning "not," compos meaning
"in control," and mentis means not
having a sound mind; not sane.
Factors in determining whether a person
is competent include whether the proposed ward can
take care of their financial affairs,
enter into contracts, feed themselves, or seek necessary
health care for
themselves. When a person can no longer do these tasks
or they become a danger to themselves, it may be necessary
to file an Application for a
Guardianship to protect their health and best
interests.
Under Texas Guardianship Law, people that
do not have the ability to care for themselves can be
declared a ward and have a someone or professional service
named as their guardian. Making
the transition from independent living to becoming a ward
can be difficult. It is important through this time
period for the person to have family and
friends as well as a good guardian to take care of a ward.
Austin Texas Guardian Lawyer Jason Coomer works with
families and friends to apply for guardianships for their
loved ones and handle
the legal procedures needed to be done complete the
guardianship.
Incapacitated Persons
and Guardians
According to
the Texas Probate Code Section 601 (14), there are three
types of incapacitated people that need guardians. The
first is a minor which includes those under 18 years of age
that have not been emancipated. The second are adults
who because of a physical or mental condition, are
substantially unable to provide food, clothing, or shelter
for themselves, to care for their own physical health, or to
manage the individual's own financial affairs. The
third are people that must have a guardian appointed to
receive funds due the person from any governmental sources.
A person is determined to be
"incapacitated" upon a finding by a court that the person
lacks the capacity to do some, but not necessarily all, or
the tasks necessary to care for himself or herself or to
manage his or her property.
A court may appoint a guardian with full authority over an incapacitated person or may
grant a guardian limited authority over an incapacitated person as indicated by the incapacitated
person's actual mental or physical limitations and only as necessary to promote and protect
the well-being of the person. If the person is not a minor, the court may not use age as the sole
factor in determining whether to appoint a guardian for the person. In creating a guardianship
that gives a guardian limited power or authority over an incapacitated person, the court shall
design the guardianship to encourage the development or maintenance of maximum self-reliance
and independence in the incapacitated person.
The Duties of a Guardian
The duties
of a guardian are not only to take care of the ward or
minor, but to manage the ward's finances or estate.
Included in these duties are accounting reports that must be
filed in managing the ward's finances. The failure to
properly manage the estate or prepare the accounting reports
can be a breach of fiduciary duty and can subject the
guardian to liability for any misspent money or unaccounted
assets.
As an Austin
Guardianship Lawyer, Jason Coomer helps families file applications for
guardianships, find alternatives to guardianships, contest applications for guardianships, file
breach of fiduciary duty claims against guardians that have
mismanaged or stolen money, and defend guardians that have
been accused of misappropriation of funds.
If someone
close to you is in need of a guardian and needs someone to
take care of their financial affairs or even worse if there are others that are attempting
to wrongfully seize your or someone you love's assets, make sure that there is someone
to look out for your interests. A court appointed
attorney may help Someone to assist in
seeking inventories and obtaining an accounting as to what
has been spent and what needs to be done to free up property
and assets.
Austin
Texas Guardianship Lawyer, Jason Coomer works with families and friends
that have to have someone declared incompetent and fights
for people that have been involuntarily accused of being
incompetent and placed in a nursing home. Guardianships can be difficult
and it is important to have an attorney that can assist you
through the process with the least amount of problems. For
questions on Guardianships, Alternatives to Guardianships, Probate Administration, Estate Planning, or
Wills and Trusts, please e-mail Austin Probate Attorney
Jason S. Coomer at
austinguardianlawyer@texaslawyers.com or use our contact form
The Law Offices of Jason S. Coomer.
The Law Offices of Jason S.
Coomer, PLLC
406 Sterzing, Second Floor
Austin, Texas 78704
(512) 474-1477
jason@texaslawyers.com
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