Legal Question in Family Law in Texas

What constitutes ''incapcitated'' according to Texas Law?

My husband and I are divorcing. His brother, who is 59 years old and developmentally disabled wants to live with me. My husband has petitioned the court for Permanent Guardianship. My brother-in-law, Bobby, is scared to death his brother will take him and all his rights away. A Guardian ad litem has been appointed. We want to know how his brother can gain custody of him even though Bobby has been found to be competent by California law back in 1996. Can you describe what ''incapicipated'' means according to Texas law, and should we get a lawyer?

Thank you,

Jill Peterson


Asked on 12/18/05, 4:19 pm

1 Answer from Attorneys

Re: What constitutes ''incapcitated'' according to Texas Law?

Jill, it sounds like you should get an attorney. One thing to discuss, with he or she is about drafting for your brother in law, is an Appointment of Guardianship (if and when the need arises). In this document, he can say who would get guardianship if it is later determined he needs one AND he can specifically state who he would NOT want to have guardianship over his person and estate. What county are you in?

Read more
Answered on 12/18/05, 7:26 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Texas