Sometimes we take for granted what we do on a daily basis, but what happens if we were to tell you that hundreds of thousands of individuals lose these abilities every year?
Though we think of victims of personal injury or those suffering from mental illnesses to swiftly recover from their injuries or ailments, there are countless others who may never be able to carry out their lives normally ever again.
Whether it’s making decisions about one’s health, managing financial affairs, or entering into contracts, the legal definition of incapacity can have profound implications for the affected individual as well as the person who might be granted guardianship.
That’s why during challenging times like these, you should understand what is legal incapacity and what this may bring.
What is Considered Legal Incapacitation
Legal incapacity refers to an individual’s inability to engage in certain actions due to their current mental or physical conditions. Under Texas law, an incapacitated person is defined as an individual who, because of a physical or mental condition, is substantially unable to:
- Provide food, clothing, or shelter for themselves;
- Care for their own physical health;
- Or manage their own financial affairs
What Can Lead to Legal Incapacitation?
Legal incapacitation may be the result of severe injuries (including that of a spinal cord injury or TBI) suffered from:
- A slip and fall;
- A dog attack;
- A motorcycle accident
- Or even car accident.
What to Expect When Someone is Declared Legally Incapacitated
The legal framework surrounding incapacity is designed to protect individuals who are unable to protect themselves. Incapacity affects an individual’s ability to make decisions, necessitating the appointment of guardians or other legal mechanisms to ensure their well being.
The Texas Estates Code (Title 3, Chapters 1001 – 1357) provides comprehensive guidance on guardianship, outlining the procedures for declaring an individual incapacitated and appointing guardians. Understanding these principles is essential for anyone looking for viable resources and looking to learn more about the process of guardianship and legal protections for the incapacitated individual which may include:
- Appointment of Guardians: The Texas Estates Code allows for the appointment of guardians to manage the personal and financial affairs of those deemed incapacitated, ensuring their best interests are served.
- Court Supervision: Guardianships are closely monitored by the courts to prevent abuse and ensure the guardian fulfills their duties responsibly.
- Annual Reviews: Regular reviews of the guardianship arrangement are mandated to assess the current needs and conditions of the incapacitated person.
- Least Restrictive Alternatives: Texas law promotes the use of the least restrictive alternatives to full guardianship, such as supported decision-making agreements, to maintain the ward’s independence as much as possible.
- Legal Representation: Incapacitated individuals have the right to legal representation to protect their rights and interests, emphasizing the importance of having experienced legal counsel.
- Right to Due Process: Individuals facing potential incapacitation have the right to due process, including being present at hearings, having a say in the appointment of their guardian, and the ability to contest decisions made about them.
Who To Talk To About Your Situation
If you need an attorney to set up a guardianship for someone you love, typically that would be done by an Estate Planning attorney. If someone you love has been seriously injured to the point of incapacity, a personal injury lawyer can help you understand what rights the victim may have to recover compensation from the negligent party. Simmons and Fletcher, P.C., has been helping injury victims since 1979.
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