My mom is in the hospital with brain damage. She is legally married, but her husband is in jail and they have been separated.

Guardianship is only granted by court action; thus, you need an attorney. There is no other way. Your attorney will have the husband served with citation and possibly sign a waiver. You don't need to get the husband to sign anything right now. I'm so sorry for your mother's problems and sorry that she didn't plan by having a power of attorney, which could have avoided court action. Without a power of attorney, in this case, there is no option but a court-ordered guardianship.

You will need an attorney to start a guardianship proceeding. Since the husband is in jail, it is likely that he is disqualified from serving as guardian anyway. Had your mother done some pre-planning, she could have had statutory and medical powers of attorney, a pre-need designation of guardian and other documents to alleviate the need for a guardianship proceeding.

I am really sorry to hear about this. If he is willing, you would get her husband to sign a Waiver of Citation and Right to be Appointed Guardian and Consent to Applicant's Appointment as Guardian. Since he is in jail, he probably wouldn't qualify to serve anyway. If a person has been convicted of a felony they do not qualify to serve as a guardian, plus he isn't physically there to serve. You need to hire an attorney to pursue the guardianship. Essentially you have to show that your mom is incapacitated. If her brain injury is severe, this may be easy to establish. If she is borderline, it may be more difficult The main initiating evidence used to show incapacity is a doctor's letter. If things are contested by your mom or an interested party, more evidence may be needed. As far as hiring an attorney, in San Antonio we have low cost options such as Catholic Charities Guardianship Program. There may be similar programs in your area. Try the following: BRAZOS BEND GUARDIANSHIP SERVICES www.brazosbendguardianship.org 281-207-2320 10435 Greenbough Dr., Suite 200,Staord, TX 77477 CATHOLIC CHARITIES OF THE ARCHDIOCESE OF GALVESTON-HOUSTON www.catholiccharities.org 866-649-5862 10435 Greenbough Dr., Suite 200, Staord, TX 77477 281-202-6200 1111 Collins Rd., Richmond, TX 7746 You can also contact Legal Aid in your area or the Texas Legal Services Center. Good Luck! Jessica Newill Newill Law Firm

I agree with the other attorneys, however, there is one thing they failed to mention. You don't always need an attorney. Most larger counties in Texas allow for you to file a "Suggestion of Need" with the local Probate Court. This means the Court sends an investigator out to assess whether a guardianship is necessary and who needs to be the guardian. An attorney is appointed to represent your mother and the county pays the cost, if your mother has limited funds.