Alternatives to guardianship
Many special needs children and elderly clients will benefit from alternatives that will keep you from having to seek guardianship. These alternatives will allow you to speak for your loved one without the need of going through the court process of a guardianship.
In fact, every Texas court requires that you consider these alternatives before seeking a guardianship of your loved one.
SUPPORTED DECISION MAKING AGREEMENTS
The Supported Decision Making Agreement is like a HIPAA Release on steroids! Texas is one of the first states in the country to adopt this alternative to guardianship. This agreement lists the supporter(s) who helps the adult child make informed decisions and understand the risks and consequences of the decisions they are making.
These decisions include medical, dental, psychiatric, psychological, educational and work related decisions. You will also be able to independently access that information just like a HIPAA Release.
The Supported Decision Making Agreement is a legally voluntary agreement. Your loved one must understand what they are signing in order for the Agreement to be valid.
Contact Junker Law, PLLC today to create a Supported Decision Making Agreement for your high functioning adult special needs child to give you the power to immediately advise them and advocate them.
DURABLE POWER OF ATTORNEY
You will use the Durable Power of Attorney to assist your child in making decisions, as with a power of attorney you would have shared authority with them. You can help your child manage their assets, make healthcare decisions and other important life decisions as they arise.