Texas Judicial Branch
The Estates Code now requires guardians to annually explain the bill of rights for wards and provide other information to a person under the protection of guardianship. Is it necessary to explain the bill of rights to a person whose incapacity is so extreme that they may not understand it? How is the guardian to know a person’s native language or mode of communication if incapacity makes the person unable to communicate?
A guardian must make a reasonable, good-faith effort to communicate with the people under the guardian’s care. The guardian must do so in the native language or preferred mode of communication of a person under her or his care and in a manner which is accessible to them.
If you are unaware or unsure of a person’s native language or preferred mode of communication, it may be helpful to talk to family, friends or prior care-givers and seek other information until you get to know your ward’s preferences. Different people have different levels of capacity to comprehend the information given to them. Guardians must determine what is best for each person under the guardian’s care on a case-by-case basis.