Q: How do I obtain temporary guardianship of my adult daughter who has had a mental breakdown and is starving herself
I have put her in the hospital on an EDW five times in the past 3 yrs. She refuses all mental health care. They stabilize her physically and discharge her. She comes home and starts the starvation again. She does not take care of her son or her personal affairs. I need to be able to make medical decisions for her
A:
Here are the general steps you might need to take:
Consult with a Guardianship Attorney: This is a complex area of law, and it's important to get advice from a professional who understands the nuances of Texas law.
File an Application for Guardianship: This is done in the county where the proposed ward (your daughter, in this case) resides. The application will need to include detailed information about why guardianship is necessary.
Medical Examination: A medical or psychological examination of the proposed ward is typically required to establish the need for guardianship. The examination must be conducted by a licensed physician.
Court Investigator: The court will appoint an investigator to meet with the proposed ward and others who might have information about the situation. The investigator will then report back to the court.
Attorney Ad Litem: The court will also appoint an attorney to represent your daughter's interests in the proceedings.
Hearing: A hearing will be held where the judge will review all the evidence and make a decision. If the judge agrees that guardianship is in your daughter's best interest, they will issue an order appointing you as guardian.
Oath and Bond: After the order is issued, you will need to take an oath and may need to post a bond (a type of insurance policy to protect the ward's assets).
Letters of Guardianship: Once the oath and bond are taken care of, the court will issue Letters of Guardianship, which give you the legal authority to act on behalf of your daughter.
Remember, this is a serious legal step. Guardianship removes many of the ward's rights, so courts don't take it lightly. It's important to consult with a lawyer to understand all the implications and to make sure this is the best course of action for your family.
As for your granddaughter, if her mother is unable to care for her, you may also need to consider seeking guardianship for her or looking into other child custody options.
This is a general overview and may not include every step or detail. Laws can vary, and the process can be different depending on the specifics of your situation. Always consult with a legal professional for advice tailored to your circumstances.
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