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If the brain injury is severe enough, the injured person may not be capable of making competent decisions or managing their own affairs.  In that event, it may be necessary to establish a legal guardianship.  A person seeking to be a guardian, generally a spouse, parent, or family member, would need to file a request in a Texas probate court explaining the circumstances.  Once appointed as legal guardian, that person is responsible for making all decisions for the injured person, including medical and legal decisions.  An experienced brain injury lawyer has confronted this difficult situation before and can direct you to a qualified probate attorney to help with the necessary steps. In severe brain injury situations and assuming a dollar recovery in the case, there will likely be the need to establish what’s called a “Special Needs Trust” to allow the beneficiary to receive government assistance to help pay for necessary future medical treatment and basic life necessities.  Here again, a knowledgeable brain injury lawyer can help with this.

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