What Do I Need to Know About Modifying or Terminating a Guardianship for a Special Needs Person in Texas?

In Texas, special needs individuals may be placed under guardianship if they are unable to make informed decisions, including those regarding finances and their well-being, due to their disability. Under these circumstances, the court can appoint a guardian who makes decisions on behalf of the individual with special needs once they reach the age of majority, typically 18 years old. 

However, depending on the circumstances, the appointed guardian may need to modify or terminate a guardianship for the individual, also referred to as the “ward” in Texas. Due to the legal complexities associated with modifying or terminating guardianships, it is best to seek legal help from a qualified estate planning attorney. Contact The Hatchett Law Firm, PLLC, today to schedule a free case evaluation, and we will determine how we can assist you. 

What is Guardianship Under Texas Law?

Texas law has legal provisions that allow the court to appoint a guardian to manage the personal or financial affairs of an adult who has been deemed to be unable to make well-informed decisions due to their disability. Guardianship is intended to protect vulnerable adults from being abused, neglected, or exploited.

The court will only appoint a guardian for a special needs adult based on substantial evidence that demonstrates a clear need and that other alternatives are not feasible. Evidence includes interviews with the ward, as well as medical evaluations conducted by healthcare professionals.

If the court feels that guardianship is appropriate, it may grant the guardian the power to make decisions for the ward’s well-being, finances, or both. 

When Can a Special Needs Guardianship Be Modified or Terminated?

State law allows a special needs guardianship to be modified or terminated for several reasons. If you are considering the option of modifying or terminating a guardianship, it is best to consult an experienced attorney who can help you explore your legal options. 

Routine circumstances that may facilitate a need for guardianship to be modified or terminated include:

Changes in the Ward’s Condition

If the ward’s condition changes and they demonstrate sufficient ability to make informed decisions, a petition may be filed to terminate the guardianship.

Change in Circumstances

A change in circumstances would warrant a modification or termination of the guardianship. However, the court will thoroughly assess the changes and determine which option is best for the ward’s needs. 

Expiration of a Temporary Guardianship

Texas law dictates that temporary guardianships have a set time limit. Temporary guardianships are typically granted by the court to address emergencies and provide protection for individuals who are unable to care for themselves due to incapacity. Unless the court orders an extension of the temporary guardianship, the term will automatically be terminated.

Court Order

Texas courts have the legal authority to modify or terminate guardianships if they determine that protective oversight should be changed or is no longer needed. 

It is worth noting that, under state law, all guardianships, including those for individuals with special needs, are evaluated annually based on reports that guardians are required to submit to the court. The court reviews these reports to determine whether changes or termination of guardianship is in the ward’s best interest.

Can A Special Needs Person Petition to Have Their Guardianship Modified or Terminated?

The Texas Estates Code stipulates that wards with special needs have the right to petition the court to request modification or termination of their guardianship. The Ward’s Bill of Rights grants individuals specific rights and protection. Some of a ward’s fundamental rights include the right to be treated with respect and to ensure their wishes are taken into account. That being the case, a ward may file a petition with the court to modify the terms of their guardianship, change guardianship, or end court-appointed supervision entirely.  

However, Texas courts recognize the importance of guardianship decisions and are committed to making decisions that are in the ward’s best interests. To begin the process of modifying or terminating guardianship, the special needs individual or someone acting on their behalf should always consult with an attorney to determine the best course of action. 

What is the Legal Process Involved with Modifying or Terminating a Guardianship?

Anyone who wishes to modify or terminate a special needs guardianship must first file a formal application with the court. The court documents must explicitly outline why the guardianship should be modified or terminated. 

After an application is filed, a hearing will be scheduled so the court can review the allegations. During the hearing, each side is entitled to legal representation to ensure their rights are protected. During the hearing, the guardian and the ward can present evidence that supports and substantiates their case. Evidence may include medical evaluations, witness testimony, and family members. 

The judge will make a decision based on the arguments and evidence presented to determine whether the petition should be granted. If the court decides to terminate the guardianship, it may require the implementation of a transition plan to ensure the ward can live independently. 

What Makes Your Law Firm the Right Choice to Handle My Legal Matters?

If you are considering trying to modify or terminate a guardianship, you must have qualified legal representation that will safeguard your interests. Our law firm has guardianship lawyers with comprehensive experience helping individuals with their legal matters. 

When you come to us for help, we will professionally assess your needs and develop a tailored legal strategy that offers maximum benefits. Contact The Hatchett Law Firm, PLLC at 281-771-0560 for a free case screening.