Visiting a Ward During the COVID-19 Outbreak

If you have been appointed the guardian (a “Guardian”) of an incapacitated person (the “Ward”), it is your duty to perform regular visits with the Ward. However, with the arrival of COVID-19, and the increased vulnerability of the elderly and certain compromised incapacitated individuals, many nursing homes and assisted living facilities are not allowing visits with their residents.  This restriction on a Guardian’s ability to visit with a Ward who may reside in such a facility does not mean the Guardian is relieved of his or her obligation to visit with the Ward. You are still obligated to make reasonable, good-faith efforts to stay informed about the health and well-being of the Ward, and keep the Court informed about the Ward’s health and welfare.

The Judicial Branch Certification Commission has issued guidance to Guardians regarding visitation, and this information can be found here.

If you need help navigating your duties as Guardian, please contact Amanda Torres at atorres@branscomblaw.com or (361) 886-3800. She will be able to assist you in fulfilling your duties and obligations to your Ward and the Court during this public health crisis.

If you are unsure of whether your loved one needs a guardianship of the person or estate, Mrs. Torres will also be able to help you.