Restoration of Rights

Guardianship is not always permanent. In some cases, a ward may regain some or all of their rights through restoration or modification of the guardianship. This process allows for either the full termination of the guardianship or a partial return of rights, depending on the ward’s current level of capacity.

How to Restore or Modify Rights in a Guardianship

Initiating the Process

The ward may initiate the process by writing a letter to the court requesting restoration of rights. Alternatively, the guardian may retain an attorney to file a formal application for restoration or modification. This process is similar to the initial guardianship proceeding.

Appointment of Legal Representatives

• If the ward writes to the court: The court will appoint a Guardian ad Litem (GAL) to represent the best interests of the ward.
• If an application is filed by the guardian: The court will appoint an Attorney ad Litem (AAL) to represent the ward’s legal interests.

Medical Evaluation

A current Certificate of Medical Examination (CME) must be completed and filed with the court. This evaluation must be performed by a physician, psychologist, or advanced Practice Registered Nurse.

The CME, along with other supporting evidence, must demonstrate that the ward has regained sufficient capacity to manage their personal or financial affairs—or can do so with appropriate support and services.

Court Hearing

The court will hold a hearing to evaluate whether:

• The ward is no longer incapacitated, or
• With appropriate support and services, the ward can manage their own affairs.

If the court is satisfied that restoration or modification is appropriate, it may restore some or all rights to the ward and modify or terminate the guardianship accordingly.

Work With Experienced Texas Guardianship Attorneys

Restoring a ward’s rights is a meaningful step that recognizes personal growth and renewed independence. Whether you are a guardian seeking modification or a ward petitioning for restoration, the process requires careful legal guidance and medical documentation. The guardianship attorneys at Hammerle Morris can guide you through every step, ensuring the court receives the evidence it needs and that your rights or your loved one’s rights are fully protected.