How to Declare Someone Incompetent to Manage Affairs in Texas

By Jack Spencer
People with diminished capacity are assigned guardians to act in their best interests.

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When an adult becomes unable to properly manage his own affairs, as through diseases such as Huntington's or Parkinson's, he may be declared legally incompetent. In Texas, a competency hearing is used as part of the guardianship process. Once the person is declared incompetent, that person's assigned guardian will be given the authority to make legal, financial and personal decisions on her ward's behalf.

Competency Determination

Obtain a sworn affidavit from a qualified professional attesting to the ward's incompetence. Sworn professionals may be a licensed psychologist with the Texas Department of Mental Health and Mental Retardation or a Texas physician who can testify to both the expected duration and degree of diminished capacity.

Obtain and complete a guardianship application form from the county court clerk's office in which the ward resides. Submit the form along with the sworn affidavit and any required filing fees.

Work with the appointed court investigator to determine whether a competency hearing is in the ward's best interest. Attend the court hearing when it is scheduled. Provide notice of the hearing to any interested parties.

Select a guardian to be appointed on behalf of the ward. That guardian must be approved by the presiding judge and will be required to establish a bond and swear an oath before being formally appointed.

About the Author

A freelance writer since 2007, Jack Spencer focuses primarily on legal and scientific topics. He also runs a copyrighting firm specializing in small-business marketing and academic research. Spencer received his B.A. in political science from the University of California.

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