Proving incapacity in Sugar Land involves demonstrating that a person is effectively unable to manage their own personal or financial affairs due to a disability, disease, or injury. A court typically handles this through a legal proceeding to establish a guardianship, where it appoints a guardian to make decisions for the incapacitated person (the ward).
Our legal team at Romano & Sumner can file the required petitions, present the evidence effectively to a judge, and argue why this proposed legal arrangement is in the best interest of your incapacitated loved one. Our experienced guardianship attorneys can help by advising on your legal options, gathering evidence, and representing you in court to seek guardianship or enforce pre-existing documents such as a durable power of attorney.
To show that an individual cannot make decisions effectively, the guardianship applicant must provide the Sugar Land court with clear, convincing evidence that the proposed ward can no longer provide for their own basic needs or manage their finances due to a physical or mental condition. The primary piece of evidence required by the court is a completed physician’s Certificate of Medical Examination (CME). A licensed physician, psychiatrist, advanced practice registered nurse, or, in some cases, a licensed psychologist must complete this specific court-mandated form.
The CME must adhere to specific requirements under the Texas Estates Code. The health care practitioner must have examined the individual and dated the certificate no earlier than 120 days before the applicant files the guardianship application with the court. The physician must describe the nature, degree, and severity of the incapacity, including functional deficits related to the proposed ward’s ability to do things such as handle financial matters or make personal decisions. The certificate should include the physician’s opinion on whether the individual has the capacity to make their own decisions and what the least restrictive placement appropriate for the ward might be.
In addition to the CME, the court can consider other evidence presented at the hearing. For example, the applicant and other witnesses (family members, social workers, treating professionals) can testify about recurring acts or occurrences within the preceding six months that demonstrate the individual’s inability to care for themselves, rather than isolated incidents of bad judgment. The attorney ad litem (a court-appointed lawyer who legally represents the proposed ward’s interests) will interview the proposed ward and other relevant parties, then submit their findings and recommendations to the judge.
The applicant may submit supporting documentation such as medical records, affidavits of treating professionals, and financial statements as evidence of the need for guardianship and the extent of incapacity. The court uses this evidence to determine if a guardianship is necessary. This ensures that they first consider all less restrictive alternatives and find them infeasible.
To demonstrate that a person lacks legal capacity, the interested person will initiate the process by filing a detailed application for guardianship with the local Sugar Land probate court. This document outlines the proposed ward’s condition and the necessity for a guardian. The CME must support the application, and once the applicant files the application, the judge appoints an attorney ad litem to represent the legal rights of the proposed ward.
The court may also appoint an investigator to conduct an independent assessment of the situation and report their findings. The court will serve formal legal notice to the proposed ward and other close family members to inform them of the pending legal action and their right to participate or contest the guardianship.
The applicant must then present testimony and evidence (including the CME and any other relevant medical or financial records) at a formal hearing to prove the incapacity of the proposed ward. If the judge determines the evidence supports incapacity, they issue a court order that officially declares the individual incapacitated and appoints a guardian with specific, defined powers and duties.
A guardian of the person handles the ward’s personal and physical needs and makes decisions about matters such as housing, medical care, and daily living. A guardian of the estate manages their finances and property, such as bills, investments, and assets. The court can appoint a person for one role or both.
Before incapacity occurs, an attorney can draft legal documents, such as various powers of attorney, to designate a trusted agent to make decisions on your behalf if you become incapacitated. This can prevent the need for a potentially costly and public guardianship proceeding later.
If your loved one already lacks the capacity to make decisions, and the proper legal documents are not in place, our lawyers can guide you through proving incapacity in Sugar Land and the complex court process of applying for guardianship. To schedule your free and confidential case evaluation, contact Romano & Sumner today.
Romano & Sumner, PLLC
