Guardianship of an Adult Disabled Child

Is your child nearing his or her 18th birthday? What does this mean for them and what does this mean for you?

The State of Texas recognizes your child as an adult when you child turns 18 years old.  He or she can enter into contracts and attend ARDs alone.  You as the parent will lose your status as the natural guardian of your child and lose the right to be noticed for your child’s school ARD meetings.  You may be excused from your child’s doctor’s exam room.

If your child’s capacity level is such that a Power of Attorney is not an acceptable option, look into Guardianship. Guardianship of the Person can offer you legal rights to protect your child.

Attached is the Harris County Clerk’s filing fee schedule for costs Fee Schedule for a list of court costs. Note there are ad litem and attorney fees to consider.

The Texas Department of Aging and Disability Services (DADS) offers a handbook on Guardianship – Guardianship Brochure.

Feel free to contact me for more information on planning for your child’s future.

Changes to Texas Department of Aging and Disability Services

Texas Health and Human Services Commission

Many parents with children with special needs rely on the Texas Department of Aging and Disability Services (DADS) for Medicaid Wavier Programs and other supports and services.  A timeline of changes is provided below.

The Texas legislature approved and passed Senate Bill 200, making it law last summer, but what does that mean for DADS?  In the 1st phase, Texas Health and Human Services Center (HHSC) will have transferred to its control select function of the Department of Assistive and Rehabilitative Services (DARS), client services of the DADS and the Department of State Health Services (DSHS). and administrative services of the Texas Health and Human Services (HHS) system, set for September 1, 2016.

Further, DARS is scheduled to be abolished September 1, 2016.

The 2nd Phase includes the abolishment of DADS September 1, 2017.

For more information of the transformation of the Texas Health and Human Services Commission, click on the link below.

 http://www.hhsc.state.tx.us/hhs-transformation/docs/transition-plan.pdf