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Your Right to Choose a Lawyer for Your Guardianship Hearing

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What a lawyer can help with

If you want to contest a proposed guardianship, or if you are already under guardianship and you want your rights back, you can hire a lawyer to help you. Below are some of the highlights of a guardianship-related law that went into effect on September 1, 2023.

  • You can hire a lawyer to represent you in a guardianship hearing if someone is trying to place you in a guardianship.
  • You can hire a lawyer to represent you in a hearing to restore all or some of your rights if you are already in a guardianship.
  • Your hired lawyer may represent you instead of a court-appointed attorney ad litem, unless someone challenges your capacity to hire a lawyer. If the court determines that you do not understand the guardianship hearing or why you hired your lawyer, then the court may appoint an attorney ad litem to represent you.
  • Your hired lawyer must have a certificate to represent you in a guardianship hearing.
  • Your hired lawyer may have access to your records so they can represent you.
  • Whoever is representing you – a lawyer you have hired or an attorney ad litem – must represent your expressed wishes and tell the court what you want for you.

How to find a lawyer

You have many options when looking for a lawyer. Below are some organizations you can connect with to get help.

Disability Rights Texas (DRTx)

DRTx provides free legal help for people with disabilities in Texas.

Legal Aid Organizations

If you need an affordable lawyer, you can contact a legal aid organization in your area that provides legal services for people with low income. For information about local legal aid organizations, see the 2023-2024 Referral Directory for Legal Services and Other Resources for Low-Income Texans. Also, below is information for some of the larger legal aid organizations in Texas.

  • Legal Aid of NorthWest Texas (LANWT)
  • Lone Star Legal Aid (LSLA)
  • Texas RioGrande Legal Aid (TRLA)

State Bar of Texas (SBOT)

  • SBOT website
  • SBOT Lawyer Referral and Information Services: 800.252.9690

 

Publication Code: SDM16

Disability Rights Texas logo

www.DRTx.org
Statewide Intake: 1-800-252-9108
Sign Language Video Phone: 1-866-362-2851
Purple 2 Video Phone: 512-271-9391
Online Intake available 24/7: intake.DRTx.org

Disclaimer: Disability Rights Texas strives to update its materials on an annual basis, and this handout is based upon the law at the time it was written. The law changes frequently and is subject to various interpretations by different courts. Future changes in the law may make some information in this handout inaccurate.

The handout is not intended to and does not replace an attorney’s advice or assistance based on your particular situation.

To request this handout in ASL, Braille, or as an audio file, contact us.

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