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Constitutional Law - United States; Supremacy Clause; Family Law; Guardian and Ward; Federal Statutes and Regulations; Mental Health/Cognitive Disability; State Boards, Commissions, Departments; Mental Health and Mental Retardation, Department of

JC-0461

Texas Attorney General Opinion

Access to records, federally-funded state protection and advocacy systems for persons with mental illness or developmental disabilities may, in accordance with federal law, have access to records even if person's legal guardian objects to such access|Inconsistent state laws, although Texas law grants legal guardians the right of care, control, and protection of their wards, the Supremacy Clause requires inconsistent state laws to yield to valid federal laws and regulations|Access to records of persons with mental illness or developmental disabilities who reside in facilities operated by the Department, a federally-funded state protection and advocacy system for such persons, Advocacy, Inc., may have access to records even i

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.