Monday, July 18, 2016

In Attempt to Solve Old Dilemmas, Guardianship Creates New Problems in Texas

Jim Bithas and Rosamond Bradley
The Observer has published a thoughtful examination of what it means to be a legal guardian in Texas. When all other efforts have been exhausted, guardianship is used to protect people from neglect or abuse. But the situation all too often leads to neglect and abuse—and results in the removal of legal rights. Due to an aging populace and scattered families, guardianships are increasingly common in the Lone Star State.

And the stark and troubling fact is, there is often little to no accountability for guardian behavior. In Texas, all a person needs to be put in charge of a stranger’s life is the completion a brief class, followed by a 100-question test. One guardian had 53 cases in nine counties. She allegedly never visited the people in her care, refusing to even answer their phone calls. She even regularly pocketed $20 from her wards’ $60 monthly allowance.

“This system may have been appropriate in 1845 or 1865 or even 1910,” says Terry Hammond, an El Paso attorney. “But it’s entirely inappropriate for the 21st century.”

Full Article & Source:
In Attempt to Solve Old Dilemmas, Guardianship Creates New Problems in Texas


Doug said...

In these cases guardianship had a clear plan it was not about solving any problems.

Ruth said...

Glad to see TX back in the news. It's a filthy state for guardianship abuse.

Dorothy said...

I agree, Doug, guardianship was created to protect but it's been used to do just the opposite. The big problem is it involves the court which makes it difficult at best for families to help their own who are suffering.