My daughter is 49 years old. She had a massive brain stroke. She has no way of making medicial or finiancial decisions for herself. First I was told to make the decisions for her I needed POA. But now I was told to get a Conservatorship. My daughter is a resident of Texas and I Live in California. Her medical coverage is going to expire by the end of this month. I need something to give me the right to make medical decisions and try to handle her finances. How long does this process take? How much should this cost? I am retired and on a fixed income.
If your daughter's stroke makes her unable to make medical or financial decisions, someone must become her guardian (called "conservator" in California). In Texas an application is submitted together with a Physician's Certificate of Medical Examination. The applicant takes a one hour online court, submits to a criminal background check, completes various information documents for the court and a bond application. The court appoints an attorney to represent the person who needs to be protected by a guardian (your daughter). That attorney visits with your daughter and has the right to examine all her financial and medical records. That attorney files a report with the court. There is a hearing at which the guardian is appointed. After the oath and bond are filed, the guardian can act.
While this obviously won't occur within the next two weeks, you may be able to pay for her medical coverage directly in the interim. Depending on her financial situation, you may also be able to apply for Medicaid. No hospital or nursing home receiving Medicaid can kick someone out for nonpayment while their application is pending.
If someone is unable to communicate their wishes and has neither an agent under a medical power of attorney or a guardian of their person, the Texas Health and Safety Code permits others to speak for them. If your daughter is married, her spouse would have priority. If she has available adult children, they would come next. Her parents would come first.
The amount spent applying is recoverable from the protected person's estate. How much this would be varies with location, in part because court filing fees and the deposit for the court-appointed attorney vary by location.
Whatever county your daughter is in, you will need to be represented by an Approved Guardianship Attorney. The county probate court and State Bar of Texas have lists. Keep in mind that an attorney listed in one county probably practices in surrounding counties and, especially with internet hearings during the pandemic, may practice statewide.
This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.
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