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Submitted by DakotaLegal on
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Submitted by DakotaLegal on
As you start to ask for your rights, you’ll be able to find several ways to help your mother also realize things change. The law does not say a guardianship is “forever.” What’s interesting is why you had a guardian appointed. It’s unusual in Texas to have a guardian appointed, before 18. There could be many reasons, and this will also have a lot to do with how you change the guardianship. If you were placed in guardianship for reasons of a physical disability, then there’s a pretty clear system for how you begin to end (terminate) a guardianship. You’ll need to find out where the guardianship your mom has was filed, and challenge it in that court. In all likelihood, it’s the Texas county where you live now. Here’s a link to get a phone number, to find out which county clerk you need to talk with: http://www.co.travis.tx.us/courts/ civil/district/default.asp. It is possible there never was a formal guardianship, by the way. If there was, you should get a copy of it.
I will assume you are now 18 or over. Now let’s look at the several ways you can start managing your own life as a young adult, and how these steps help establish legal reasons to end a guardianship.
Some of what happens can seem a little confusing. That’s normal. But, for example, in filing for an end to the guardianship, a court clerk can help you get the correct forms. It’s also okay if you start the process, then get legal help, because you will be gathering the information you’ll need to show your independence.
- Have You Finished High School?
Some programs in Texas actually allow you to be in high school, until you reach 21. Regardless of whether you might have psychological or physical disability, being in school may also make you more likely to be classified as needing a guardian. If you are in school, talk with a school counselor about how you may take more control of your education.
If you have finished high school, you can build a stronger case for ending a guardianship by showing you are making good decisions on your own about education and/or job training.
- Getting Legal Help
Fortunately, especially under the Americans With Disabilities Act (or ADA), you have rights to getting special legal help. One of the best places to get a legal advocate is with Texas’s “Protection and Advocacy” group. This group has people who work in special areas of the ADA. http://www.disabilityrightstx.org/files/DRT_brochure_2-2011.pdf. You can call them, and open a case: their statewide Intake Line, 1-800-252-9108.
- Do You Have a Case Worker?
You probably have a state case worker, since you live in a group home. It’s possible you don’t, if your parent(s) have been paying for the group home privately, or on their own insurance. This is pretty rare. So if you already have a state case worker, you can ask them to come talk with you about the consequences of changing your guardianship. This is often done through what is called an “ISP,” or individual support plan. Ask about if you have one, or something like it.
Depending on your disability you may already be receiving Social Security disability. If you are not getting “SSDI” you can talk to a lawyer who specializes in this area. If you are eligible for SSDI, or even already receiving it, this can be an important step in having the finances to make your own decisions. You can look for a Social Security lawyer through this “LRIS” system: http://www.texasbar.com/Content/Navigation Menu/ForThePublic/ DoYouNeedaLawyer/Certified_ Lawyer_Referral_ Services/default.htm.
- Your Rights In the Group Home
Again, depending on how you were admitted to the group home and what type of group home it is, you will have definite rights. Though I really urge you to call the Disability Rights group noted above, you can also call the Texas State Department of Aging and Disability to talk about changing your guardianship: phone 512-438-3739. They also have a booklet you might look through, and see how Texas may help you end an unnecessary or bad guardianship…http://www.dads.state.tx.us/news_ info/ publications/brochures/pub395-guardianship.pdf.
As you start to ask for your rights, you’ll be able to find several ways to help your mother also realize things change. The law does not say a guardianship is “forever.” What’s interesting is why you had a guardian appointed. It’s unusual in Texas to have a guardian appointed, before 18. There could be many reasons, and this will also have a lot to do with how you change the guardianship. If you were placed in guardianship for reasons of a physical disability, then there’s a pretty clear system for how you begin to end (terminate) a guardianship. You’ll need to find out where the guardianship your mom has was filed, and challenge it in that court. In all likelihood, it’s the Texas county where you live now. Here’s a link to get a phone number, to find out which county clerk you need to talk with: http://www.co.travis.tx.us/courts/ civil/district/default.asp. It is possible there never was a formal guardianship, by the way. If there was, you should get a copy of it.
I will assume you are now 18 or over. Now let’s look at the several ways you can start managing your own life as a young adult, and how these steps help establish legal reasons to end a guardianship.
Some of what happens can seem a little confusing. That’s normal. But, for example, in filing for an end to the guardianship, a court clerk can help you get the correct forms. It’s also okay if you start the process, then get legal help, because you will be gathering the information you’ll need to show your independence.
Some programs in Texas actually allow you to be in high school, until you reach 21. Regardless of whether you might have psychological or physical disability, being in school may also make you more likely to be classified as needing a guardian. If you are in school, talk with a school counselor about how you may take more control of your education.
If you have finished high school, you can build a stronger case for ending a guardianship by showing you are making good decisions on your own about education and/or job training.
Fortunately, especially under the Americans With Disabilities Act (or ADA), you have rights to getting special legal help. One of the best places to get a legal advocate is with Texas’s “Protection and Advocacy” group. This group has people who work in special areas of the ADA. http://www.disabilityrightstx.org/files/DRT_brochure_2-2011.pdf. You can call them, and open a case: their statewide Intake Line, 1-800-252-9108.
You probably have a state case worker, since you live in a group home. It’s possible you don’t, if your parent(s) have been paying for the group home privately, or on their own insurance. This is pretty rare. So if you already have a state case worker, you can ask them to come talk with you about the consequences of changing your guardianship. This is often done through what is called an “ISP,” or individual support plan. Ask about if you have one, or something like it.
Depending on your disability you may already be receiving Social Security disability. If you are not getting “SSDI” you can talk to a lawyer who specializes in this area. If you are eligible for SSDI, or even already receiving it, this can be an important step in having the finances to make your own decisions. You can look for a Social Security lawyer through this “LRIS” system: http://www.texasbar.com/Content/Navigation Menu/ForThePublic/ DoYouNeedaLawyer/Certified_ Lawyer_Referral_ Services/default.htm.
Again, depending on how you were admitted to the group home and what type of group home it is, you will have definite rights. Though I really urge you to call the Disability Rights group noted above, you can also call the Texas State Department of Aging and Disability to talk about changing your guardianship: phone 512-438-3739. They also have a booklet you might look through, and see how Texas may help you end an unnecessary or bad guardianship…http://www.dads.state.tx.us/news_ info/ publications/brochures/pub395-guardianship.pdf.