[TX] How do I create the necessary forms to take care of my wife with Alzheimer’s?
My wife has Alzheimer's. I am trying to get the required legal forms completed before she is unable to understand and sign. I need to know what forms are required in the state of Texas. Thank you.
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Ok, so legally speaking, if your wife is suffering from these mental defects, then you need to be sure to find times that she is lucid.
There is no specific statewide acceptable form for a POA, guardianship, a living will, or DNR. However, what you can do is go to a specific site for all of these: Texas Estate Planning Guide - LegalZoom
You can create documents like a will, POA, etc.
With respect to guardianship, that actually has to be done through the courts. Texas has some specific steps required here:
- Obtain a Physician's Certificate of Medical Examination (PCME) – This certificate documents the nature of the incapacity (TX Est Code § 1101.103(a)). Here's an example: PCME Example - Tarrant County
- File an Application for Guardianship – Available at your local courthouse. This must detail the nature and degree of incapacity.
- Legal Notice – Once filed, the Proposed Ward (your wife) must be personally served with the Application.
- Court Investigator’s Report – Larger counties often require an investigation into the circumstances (TX Est Code § 1054.151). The aim is to determine if less restrictive alternatives to guardianship exist.
- Attorney Ad Litem – Appointed to represent your wife's interests. This attorney meets with her to explain her rights.
- Guardianship Hearing – The court hears the case and confirms guardianship is in the best interest of the ward
- Oath and Bond – The applicant must take an oath and possibly satisfy a bond requirement, which could be a cash amount (TX Est Code § 1105.051(a)).
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Texas Durable (Statutory) Power of Attorney Form
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My wife has Alzheimer's. I am trying to get the required legal forms completed before she is unable to understand and sign. I need to know what forms are required in the state of Texas. Thank you.
Lexi, Chatbot
I'm sorry to hear about your wife’s condition. Have you already consulted with a lawyer specializing in elder law in Texas?
No.
Lexi, Chatbot
Are you specifically looking for forms related to power of attorney, guardianship, or any other legal matters concerning your wife's Alzheimer’s diagnosis?
I need durable power of attorney, DNR, medical power of attorney, living will, guardianship, and whatever else I need. I apologize, but this has confused me. If I need to, I will contact an elder care attorney assuming I can afford to.
Lexi, Chatbot
Is there anything else the Lawyer should know before I connect you? Rest assured they'll be able to help with your legal documents.
Unfortunately, I don't know what I don't know.
Legal Eagle
Hello! Legal Eagle here, and I am an attorney specializing in your area of law.
Legal Eagle
Have you discussed your wife's wishes regarding her medical care and legal decisions with her, or is this something you would like to explore together?
We have discussed these issues and are on the same page.
Legal Eagle
Ok thanks! Just a few more questions. Are there any specific concerns or preferences you have about the type of care your wife should receive in the future?
No.
Legal Eagle
Ok I've got what you're getting at here! Were there any other facts you'd like to add before I answered your question?
Not that I can think of.
Legal Eagle
Ok, so legally speaking, if your wife is suffering from these mental defects, then you need to be sure to find times that she is lucid.
There is no specific statewide acceptable form for a POA, guardianship, a living will, or DNR. However, what you can do is go to a specific site for all of these: Texas Estate Planning Guide - LegalZoom
You can create documents like a will, POA, etc.
With respect to guardianship, that actually has to be done through the courts. Texas has some specific steps required here:
- Obtain a Physician's Certificate of Medical Examination (PCME) – This certificate documents the nature of the incapacity (TX Est Code § 1101.103(a)). Here's an example: PCME Example - Tarrant County
- File an Application for Guardianship – Available at your local courthouse. This must detail the nature and degree of incapacity.
- Legal Notice – Once filed, the Proposed Ward (your wife) must be personally served with the Application.
- Court Investigator’s Report – Larger counties often require an investigation into the circumstances (TX Est Code § 1054.151). The aim is to determine if less restrictive alternatives to guardianship exist.
- Attorney Ad Litem – Appointed to represent your wife's interests. This attorney meets with her to explain her rights.
- Guardianship Hearing – The court hears the case and confirms guardianship is in the best interest of the ward
- Oath and Bond – The applicant must take an oath and possibly satisfy a bond requirement, which could be a cash amount (TX Est Code § 1105.051(a)).
Legal Eagle
It’s a lot, but does that help make sense of things a bit more? I want to make sure I didn’t leave anything out.
Ok. Thank you. I will check with LegalZoom.
Legal Eagle
For sure! Did I thoroughly address your question? Did I provide top-tier service to you? If the answer is no to either, please let me know so I can help! I know it is a ton.
All is good. Thank you.
Legal Eagle
You bet. I'm sorry to hear about your situation! Thank you for trusting AskaLawyer with your question.
Legal Eagle
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