Guardianship
While most adults with developmental disabilities can manage their own personal and financial affairs with informal assistance and guidance from family and friends, others need legal protection. Cost prevents most low-income families from obtaining the legal counsel they need to establish guardianship of their child once they reach adulthood.
Without guardianship, individuals with disabilities could be left financially, medically and/or legally responsible for actions they may or may not understand or intend to happen, such as being persuaded to sign a lease on a car or home without fully understanding the consequences or financial obligation. Decision making ability regarding medical care may also be impossible for some people with disabilities. Without a legal guardian, these people are vulnerable to inadequate or misdirected medical procedures.
The Arc of the Capital Area staff assists families in completing necessary forms and documentation and coordinates and attends meetings between prospective guardians, pro-bono attorneys and the bonding company. Prospective guardians participate in a series of monthly classes led by peer educators and legal experts and cover a range of topics related to guardianship.
Collaborative Partners
Partner with The Arc of the Capital Area include Austin ISD, Austin Travis County MHMR, the Travis County Probate Court and various law firms in the community.
Do I qualify?
Clients must have a developmental disability or a child with a developmental disability
Families must earn $60,000 or less annually
Note: Demand for guardianship services has been steady. Thirty families from Travis County are currently on a waiting list and referrals have been received from Williamson County, even though guardianship services are not yet available there.
Is there a charge?
yes, there is a one time fee of $400.00 and you must being a member in good standing of The Arc of the Capital Area.
When should I start thinking about guardianship support?
It is recommended that people/parents desiring to obtain guardianship begin researching the requirements near the child’s 16th birthday. Early preparation helps potential guardians as they enter the process.
The Arc’s guardianship services are available when the child is 18 years of age or older.
How do I get on the waiting list?
Persons who are interested in participating in The Arc’s guardianship program should contact The Arc of the Capital Area at (512) 476-7044.
What happens after I am put on the waiting list?
Near August of each year, selected applicants are notified by mail of their entrance into the program and given the schedule of events, including preliminary forms to complete. A series of monthly meetings starts in October of each year and ends with court proceedings in May.
Note: Applicants on the waiting list who are not accepted into the program will be notified in August with alternative resources that they may wish to pursue.
What forms are necessary to complete the guardianship process?
Persons seeking guardianship should be prepared to provide documentation of proof of household income. Also, an essential form that is required by the courts is a DMR (Determination of Mental Retardation) in regard to the child’s capacity.
