QUESTION

Do I need a guardianship?

Asked on Jan 12th, 2015 on Guardianship and Conservatorship - Texas
More details to this question:
My son is 30 yrs old and he was born mentally retarted/ cerebral palsy. A guardianship was done when he was first born 1984. Do I need to do it agan?
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1 ANSWER

Kevin Spencer
You should not have to "re-do" the guardianship as long as it is on-going and has been kept current.  The fact that you are asking makes me think that the latter has not happened.  When your son turned 18 years old, the previous guardianship would have terminated, unless you filed an Application with a Report of the Well-Being of the Ward indicating that it should continue and specifically order that same is continued.  If you did not get the latter, then the previous guardianship would have termianted and there would have been a "wrap-up" of the previous guardianship and it would have ended.  If the latter happened, then YES - you would need start over and open a new guardianship over the person of your adult son.  There is really no other option. Sincerely, Kevin Spencer (214) 965-9999 www.spencerlawpc.com 
Answered on Jan 19th, 2015 at 1:26 PM

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