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Conservatorship & Guardianship Part 1

Today we're starting part 1 of legal conservancies and guardianships, what's the difference and what they mean in Texas.

It's hot in the news right now because what's going on with Britney Spears, in the state of California she's challenging her conservancy, which is under that state law as I understand it, her ability to be in charge of her own being and her own finances, that was taken away about eight or nine years ago. Again, as I understand it, because of some serious mental concerns, right, she had some mental episodes, some mental health disease and defects and that had jeopardized her ability to not only care for herself, but take care of her finances responsibly, and her family stepped in to help. She's now saying that she's better, and she's ready to return to all of her her rights, she's ready for a return of all of those rights.

So what's different about conservancies in the state of California and other states, is in Texas a conservancy is almost universally reserved for children under the age of 18, and that's how we define under our state law conservatorship, are parental rights, parental rights that have to do with children under the age of 18. When somebody is incapacitated and they are over the age of 18, a high functioning but non-verbal autistic child, somebody with a traumatic brain injury, or more often you know the mentally ill and those suffering from age related dementia and other illnesses and these invisible injuries, you know manifest themselves in difficult ways, in ways that are hard to determine, like what's wrong with grandpa, why is he spending all his money, why is he acting so recklessly, he's never acted that way.

Well, that's possibly a big red flag of dementia and it can be exacerbated, it can be made worse by undiagnosed and then self-medication a lot of times through drugs and alcohol. Alcohol being the big one, but there's other drugs, right, there's other things like gambling, or anything really that gives someone that "high" feeling, even something as simple as buying and spending. That's the idea here, something that triggers you, a need for somebody to have, like Miss Spears had a court-ordered guardianship which applies again in Texas to those over the age of 18...

To be continued.

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