Dealing with a loved one who suffers from a severe mental health issue and is unable to care for themselves can be heartbreakingly difficult, especially when you seek legal intervention like a guardianship. Unfortunately, these cases present unique challenges in the Texas legal system.
The Challenge of Mental Health Cases
Attorneys who specialize in probate and guardianship often find mental health cases, such as those involving an adult with untreated bipolar disorder, to be extremely challenging. These cases differ significantly from clear-cut guardianship matters, such as a minor with Down Syndrome turning 18 or a 90-year-old with clear, irreversible dementia. In those latter cases, the incapacity is generally permanent and easily demonstrated.With mental health issues, the individual’s capacity often fluctuates.
The Court's Standard
When a family member seeks an emergency guardianship for an adult suffering from a mental health crisis, Texas probate judges often require a very high standard of proof. The courts may be hesitant to grant a guardianship because the mental health issues may not meet the threshold of permanent or total incapacity required by the Texas Estates Code.
If the person's condition is cyclical—they need a guardian when off their medication but do not need one when compliant—the court may hesitate to impose a long-term guardianship that would later need to be dissolved. This creates a difficult cycle where the necessary legal help is often hard to obtain at the moment it is most urgently needed.
What To Do When Guardianship Is Not Granted
The frustrating reality for family members is that obtaining a guardianship may not be a successful path in these circumstances. If a guardianship is denied, it leaves family members seeking a viable alternative to protect their loved one. For these complex situations, family members should seek out attorneys who specialize specifically in mental health law who can provide alternative options.
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