Texas Estates Code 1002.0015 – Alternatives to Guardianship
Terms Used In Texas Estates Code 1002.0015
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
“Alternatives to guardianship” includes the:
(1) execution of a medical power of attorney under Chapter 166, Health and Safety Code;
(2) appointment of an attorney in fact or agent under a durable power of attorney as provided by Subtitle P, Title 2;
(3) execution of a declaration for mental health treatment under Chapter 137, Civil Practice and Remedies Code;
(4) appointment of a representative payee to manage public benefits;
(5) establishment of a joint bank account;
(6) creation of a management trust under Chapter 1301;
(7) creation of a special needs trust;
(8) designation of a guardian before the need arises under Subchapter E, Chapter 1104; and
(9) establishment of alternate forms of decision-making based on person-centered planning.