Hi, my name is Colin, your Texas probate and estate planning attorney.
Navigating the process of obtaining guardianship for an adult child with mental illness in Texas can feel overwhelming. As a parent, ensuring your child’s safety and access to proper care is your top priority. This guide explains the key steps and considerations when seeking guardianship in Texas.
Let’s get started.
Understanding guardianship of an adult child with mental illness in Texas
When a child turns 18, they legally become an adult. If that child has a mental disability that renders them incapacitated, guardianship allows a parent to continue making decisions for them.
Without guardianship, parents may face situations like involuntary hospitalization that can feel traumatic and leave them powerless.
Obtaining guardianship involves challenges and emotional hurdles. However, it ensures you can continue to manage your child’s care and make decisions in their best interest.
What to do if your adult child with mental illness is involuntarily hospitalized in Texas
Understanding involuntary hospitalization
Involuntary hospitalization occurs when someone is admitted to a psychiatric facility without consent, usually during a mental health crisis.
In Texas, this typically happens if the person poses a danger to themselves or others.
While they may be released within 72 hours, courts or mental health professionals can order longer stays and treatments, even against the individual’s or family’s wishes.
Guardianship and involuntary hospitalization
Obtaining guardianship as soon as your child turns 18 is crucial.
If your adult child is hospitalized involuntarily, you can still pursue guardianship. However, the process may take time and could encounter challenges if the court determines that the current care arrangement adequately meets your child’s needs.
A court-appointed guardian, often referred to as an attorney ad litem, plays a critical role in overseeing decisions related to healthcare, including psychiatric treatment.
This guardian has the authority to access medical, psychological, and intellectual testing records to evaluate the situation, prepare for court hearings, and discuss with the proposed ward whether they believe a guardian is necessary (Texas Estates Code §1054.001).
In some circumstances, the state may temporarily assume responsibility for your child’s care during hospitalization, especially when immediate decisions are required, or guardianship has not yet been established
How to obtain guardianship for your adult child with mental illness in Texas
Seeking guardianship to authorize treatment
If your child refuses hospitalization, obtaining guardianship is essential to authorize admission and consent to medical treatment.
As a guardian, you gain the legal authority to make healthcare decisions, including consenting to psychiatric care or determining temporary or permanent living arrangements(United States Department of Justice).
While the guardianship application process typically includes these general steps, it is not limited to them. The process is often more complex and depends on the specifics of your child’s situation:
- Filing a petition with the court.
- Obtaining a physician’s certificate of mental examination.
- Attending a court hearing to prove your child’s incapacity.
Because every case is unique, consulting with a legal professional can help you navigate the complexities. Acting quickly ensures you retain the ability to advocate for your child’s care and well-being.
State authority vs. guardianship rights
Even with guardianship, the state can override your decisions if your child poses a danger to themselves or others.
Police officers or courts may intervene to enforce involuntary hospitalization. If you lack guardianship, entering your child’s mental health case presents additional challenges.
Partnering with mental health professionals and legal counsel strengthens your ability to support your child.
Visitation rights for parents of an adult child with mental illness in Texas
Restrictions on visitation in psychiatric facilities
When a court orders an adult child into a lockdown psychiatric facility, visitation may be restricted.
If your child refuses to consent to visits or medical record access, facilities may deny visitation and withhold updates on their treatment.
Lockdown facilities follow strict protocols to protect patients and staff, which may limit family interactions.
Guardianship and visitation rights
Holding guardianship may grant visitation rights, but these depend on the court’s terms and facility policies.
In some cases, mental health professionals or courts may restrict visitation if it’s deemed not in the child’s best interest.
Even without in-person visits, guardians can often communicate with facility staff, receive updates, and participate in care planning.
Final thoughts:
Applying for guardianship of an adult child with mental illness involves navigating legal and medical complexities.
Understanding your rights during involuntary hospitalization, obtaining guardianship to authorize treatment, and addressing visitation restrictions are vital steps.
As a parent, your primary goal is to protect your child and ensure they receive proper care.
For more insights and legal advice, visit www.colinsmithlaw.com.
Until next time!
