When Janet’s younger brother needed an immediate life-flight to a hospital from the facility where he lived, Janet realized something was wrong. Tommy is in his late 40s, just a few years younger than Janet. He is severely autistic. He’s non-verbal, but he can understand what people say.
After his group home changed ownership, his behavior shifted. He began harming himself, banging his head against tables at the facility, and eventually suffered a seizure.
According to this 2025 Houston Public Media article, some advocates say “Texas group homes for intellectually disabled are in systemic crisis… Providers have little incentive to improve, and vulnerable individuals continue to pay the price.”
The family had been advised to place Tommy in the home. After the concerning hospital visit, however, doctors advised the family to bring him home again. A social worker explained to Janet that Tommy, who cannot take care of himself, was completely on his own with no guardian to take responsibility for his well-being. Janet decided to apply legal help to obtain guardianship. LSLA attorney Maritza Menjivar stepped in to help.
Taking responsibility for another person is a drastic step. The law requires careful evaluation of Tommy’s needs and Janet’s ability to manage them ethically. Before filing for permanent guardianship, Menjivar explained, Janet would have to try the least restrictive means of helping her brother. Janet looked into the possibility of applying for medical power of attorney or the durable amount of attorney – but Tommy doesn’t have the capacity to complete the forms. Permanent guardianship is a drastic measure, but it seemed to be the only option in this instance. It’s a long process, however. Since Tommy needed care immediately, they started by filing for a temporary guardianship.
Janet needed to undergo a background check. She also submitted a medical certificate from Tommy’s doctor. Menjivar helped Janet fill out the applications, collect the supporting documentation, submit all the necessary forms, and represented her in court.
If not for LSLA‘s commitment to rural communities in East Texas, people like Janet would have little chance of finding free legal assistance. With the help from attorney Maritza Menjivar, she was able to protect her brother from further harm and provide care for him in her own home. When Menjivar last saw him at the court hearing for permanent guardianship, she said the change was obvious to everyone in the room. At the first hearing, Tommy was severely underweight. The family carried a pillow into the courtroom and placed it on the desk in front of Tommy. He would hit his head against the table, which is what caused the seizure that brought him to the hospital. At the latest court hearing, they didn’t need a pillow. He’d been taking daily walks with his elderly father. His father lost weight and Tommy gained weight. Everyone could see Tommy was getting better care at home than in the facility. He was thriving.
*Name(s) have been changed to protect the client’s identity.
Lone Star Legal Aid (LSLA) is a 501(c)(3) nonprofit law firm focused on advocacy for low-income populations by providing free legal education, advice, and representation. LSLA serves millions of people at 125% of federal poverty guidelines, who live in 72 counties in the eastern and Gulf Coast regions of Texas, and 4 counties in Southwest Arkansas. To learn more about Lone Star Legal Aid, visit our website at www.LoneStarLegal.org.
Media contact: media@lonestarlegal.org