Medical Legal Partnership

An eviction is a formal judicial procedure – a lawsuit – that takes place in a Justice of the Peace court, and sometimes County courts.  A landlord may try to remove a tenant for failing to comply with the lease agreement, such as failing to pay rent, or violating other terms of the lease.

No. Pursuant to Texas law, a landlord cannot subject you to eviction using “self-help” remedies, or by any process other than the judicial process required by law.

First, the landlord must give a proper notice to vacate to the tenant. A Notice to Vacate is a demand for possession of the property for a breach of the terms of the lease.  A Notice to Vacate must be in writing and delivered to the tenant.  The Notice to Vacate must give at least three days to vacate unless the lease agreement sets a different time period. A Notice to Vacate may be delivered in the following ways:

1. Personal delivery to the tenant or any person over the age of 16 residing at the unit;
2. By certified, registered or regular mail;
3. Attaching it to the inside of the front entry door;
4. By attaching it to the outside of the front entry door in a sealed envelope.  The envelope must have the tenant’s name, address, and in all capital letters the words “IMPORTANT DOCUMENT” – this method should be used only if there is no mailbox, and the landlord cannot enter the unit because of a dangerous animal, alarm system, or keyless deadbolt that prevents the landlord from entering the premises, or if the landlord reasonably believes that harm to any person would result from personal delivery to the tenant or by affixing the notice inside the main door. The landlord must also deposit a copy of the Notice to Vacate in the mail, no later than 5:00 PM of the same day.

Service:  If a tenant does not move out by the deadline in the Notice to Vacate, the landlord may then file an eviction suit in the Justice of the Peace Court in the precinct where the property is located. The suit must be served to the tenant through a citation delivered by the constable’s office.   The citation will set a hearing date for the eviction trial.

Trial:  The eviction trial is held on the date provided in the citation.  The tenant does not have to file a written answer. During the trial, evidence will be heard by the Judge. The tenant may request a jury trial, in such case, the tenant must file a written demand with the Justice of the Peace Court and pay a jury fee at least three days before the trial date.

If the judgment is in favor of the Landlord, the tenant has five days to appeal.  If a tenant does not file an appeal within five days of the judgment, the Landlord may seek a writ of possession to have a constable remove them from the premises.  The constable will post a 24-hour notice on the front entry door of the unit prior to executing the writ.  If the writ is executed, the constable will remove the tenant and their belongings from the unit.

Yes.  Supplemental Security Income (SSI) and Social Security Disability Insurance (SSDI) are two of the most common programs from the Social Security Administration SSA that offer financial assistance for eligible individuals.

SSI is a need-based financial assistance program for older adults and persons with disabilities (regardless of age) who have very limited income and resources.

Anyone who is:

65 years of age or older, blind, or disabled.   They must have limited income, limited resources, and be a U.S citizen, or be in one of certain categories or eligible aliens

SSDI is financial assistance for individuals who are disabled and have a qualifying work history, either through their own employment or a family member, like their spouse or parent.

SSI eligibility is determined based on age and/or disability, along with limited income and resources.  SSDI is determined based on an individual’s disability and work credits.

In Texas, an SSI recipient automatically qualifies for health care coverage through the Medicaid program. Whereas a person with SSDI qualifies for Medicare after 24 months of receiving disability payments.

An applicant may apply for SSI/ SSDI online at: https://secure.ssa.gov/iClaim/dib

By phone by calling: 1-800-772-1213

Or in person by visiting their local SSA office.  To find the nearest SSA office, visit: https://secure.ssa.gov/ICON/main.jsp

Note: some SSA office may be closed to the public due to the COVID-19 pandemic, call to schedule an in-person appointment prior to showing up to the SSA office.

A guardianship is created when a court finds an individual (ward) incapacitated and unable to make certain personal decisions. The court takes away their legal rights and gives those rights to another person, their guardian. 

A ward is considered to lack legal capacity when he or she has a physical or mental condition, and due to this condition he or she is unable to provide their own food, clothing, or shelter, and/or is unable to care for their health or financial affairs.

Guardianship of the person: Gives the guardian control over the ward’s personal matters (housing, medical, and educational decisions.)

Guardianship of the Estate: gives the guardian control over the ward’s financial affairs, including property and bank accounts.

Guardianship is a very restrictive process that should only be considered if no alternatives are available to protect the proposed ward’s rights.  Some of the alternatives to consider are: 

• Powers of Attorney: A power of attorney gives a person chosen by the principal the authority to act in a broad range of matters on behalf of the principal. A general power of attorney ends if the principal becomes mentally or physically disabled or incapacitated. To execute a valid power of attorney, the principal must have mental capacity and understand what they are signing.
• Social Security: The Social Security Administration allows a recipient’s benefits to be sent to that person’s representative payee regardless of incapacity. A guardianship is not required in order to become a recipient’s payee.
• Public Benefits: Similarly to social security benefits, a family member can act as the authorized representative of an incapacitated person in order to receive food stamps, TANF, and Medicaid for that person.  A guardianship does not need to be created to have an authorized family member manage for a recipient’s public benefits.
• Supported Decision Making: an individual may execute a supported decision-making agreements as an alternative to guardianship. Supported decision-making allows individuals to make their own decisions and stay in charge of their lives, while receiving the help and assistance from someone they trust if they need to do so.

When most people think about end-of-life planning, they think of a will. A will is an important tool for designating how you want your belongings distributed after you are deceased, but a will is just one tool available to Texans looking to distribute their property after they die.

Property distributed through a will must go through a legal process called probate – this requires the will being filed in court after the person is deceased. A will is subject to being contested in probate, and the probate process can take several months, and sometimes years. By using end of life legal alternatives – some property can be distributed outside of probate – meaning the beneficiaries can avoid the expense, delay, and effort of legal proceedings to obtain the property left to them by a deceased person.

The primary types of end-of-life alternatives are

• Transfer on Death Deeds and Transfer on Death Deeds for Motor Vehicles: these allow real property – like a home or car – to be transferred without the need for probate
• Joint Accounts/Tenancies with Right of Survivorship: these are bank account elections that can be made to ensure funds from financial accounts are distributed without the need for probate
• Life Insurance: when beneficiaries are properly designated for life insurance policies, these funds can be issued without being probated
• Trusts: trusts provide a mechanism to safeguard and distribute possessions and funds outside of the probate process

Absolutely. Some people use exclusively alternatives, others exclusively use a will, and some use both. Your end-of-life planning needs to be tailored to your specific needs and wishes.

A divorce requires a court order – this means a lawsuit needs to be filed. This is called a “petition” for divorce. Once the petition is filed the other spouse must be “served” with the petition and a “citation” which explains that the petition has been filed with the court and that they have a certain amount of time to respond. Service does not have to require the theatrics you see in movies, in fact, the other spouse can even agree to waive service and just accept the documents informally by signing a waiver of service in front of a notary.

The simplest divorces are those in which the couple has no children and minimal or no property. Adding children to the mix creates more issues that the court will need to rule on including possession and access, support, and decision making. The same goes for assets and property – more money, more problems. Further, domestic abuse necessitating a protective order will add another layer of issues to be determined by the court.

Yes. To file for divorce in Texas either you or your spouse must have lived in the state of Texas for at least the last 6 months before you file and reside in the county in which the divorce is filed for at least 90 days before filing.

It depends. Generally, any divorce in Texas will take at least 60 days from the date of filing. Keep in mind this is the absolute shortest amount of time your divorce can take. Nearly every divorce takes longer than this, and many take much, much longer than this.

You do not need a lawyer to get a divorce in Texas. You can proceed representing yourself on what is called a “pro se” basis. However, consulting with a lawyer, and possibly retaining one to represent you, may help ease your anxiety about the process and protect the things most dear to you – your children, finances, and property. It is a good idea to consult with a lawyer, especially if your divorce may be on the more complicated or contentious side.

The ADA is the Americans with Disabilities Act, which was established in 1990. It prohibits discrimination based on disability. In the employment context, it means that certain employers cannot discriminate against employees or potential employees based on their disability status.

The FMLA is the Family Medical Leave Act, which was established in 1993. The FMLA requires certain employers to provide 12 weeks of unpaid leave to employees with medical or family needs that meet qualifying criteria. FMLA leave protects your job while you are unable to work for a qualifying reason. 

It depends. ADA covered employers must engage in what is called the “interactive process” this is a “meaningful dialogue” between the employee and the employer to determine what accommodations the employee needs. Thereafter, the employer must provide any reasonable accommodations they can without subjecting the employer to undue hardship. The employer is not obligated to provide the specific accommodation requested by the employee, or to create a new job to specifically fit the employee’s abilities. A reasonable accommodation can be anything ranging from more frequent breaks or a modified schedule to a special work chair to time off.

You can take FMLA leave on behalf of yourself for your own medical condition, or certain family members such as a spouse, child, or parent. You can also take FMLA leave for the birth of a child, or to bond with your newly adopted child.

FMLA covered employers must provide qualifying employees with 12 workweeks of unpaid, job-protected leave. Once an employee returns from FMLA leave, the employer must allow them to return to the job they had before they took FMLA leave, or to an equivalent job with equivalent pay, benefits, and other terms and conditions of employment.