How can i obtain legal guardianship over my incapitated mother? She is now disable i mean and I need legal guardianship over her

Asked about 4 years ago - Houston, TX

How can i obtain legal guardianship over my incapitated mother? She is now disable i mean and I need legal guardianship over her. How can i get it?

Attorney answers (4)

  1. Robert Constantine Fafatas

    Contributor Level 9

    Answered . Depending on your mother's mental and physical condition, a guardianship application may be filed wherein you request that a guardianship be created with you as the guardian of your mom.

    There are certain requirements that must be satisfied in order to apply and be approved for guardianship. If your mother is legally incapacitated, a guardianship may be the only or best option.

    I practice probate and elder law in the Houston area and am happy to speak with you about this if you wish.

  2. David Michael Coffey

    Contributor Level 9

    Answered . Is she merely disabled or is she incapacitated. If she is not incapacitated, you may be able to get your mother to execute financial and medical powers of attorney so you can take care of her. I suggest you make an appointment with an estate planning attorney near you and discuss your options.

  3. Janet Lee Brewer

    Pro

    Contributor Level 17

    Answered . You will need to file a petition for guardianship with the probate court in the county where your mother lives. Contact an elder law attorney (or a probate lawyer) in that county for assistance.

    The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

  4. Charles Edward Mcwilliams Jr.

    Contributor Level 14

    Answered . I agree - contact a local elder law attorney in the jurisdiction where your mother resides and have them assist you with this process. They will need to petition the court, and this will take some time/money to complete. Good luck.

    NOTE: If you find this response helpful, please click on the “thumbs up” button at the bottom.

    DISCLAIMER: THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT A QUALIFIED ATTORNEY.

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