In order to become an official guardian in the state of Texas, you’ll need to seek legal recognition from a Texan court. A legal guardian has the permission to take care of a ward – usually a child, an incapacitated senior, or a developmentally disabled person. This differs from a conservatorship, where the children are biologically related to the conservator. When it comes to wards, the guardian is expected to carry out certain responsibilities, like providing food, shelter, financial support, medical expenses, and other caretaking roles. Texas courts have the authority to appoint full or limited guardianships to people who meet the requirements.
What Could Make a Guardianship Case?
To become a legal guardian, you’ll need to fill out the necessary paperwork and submit it to a Texas court. After filling out the application, you’ll need to go through a hearing before the judge, who will decide whether you’re granted guardianship over the ward.
According to Texas law, there needs to be clear evidence that:
- The ward is incapacitated
- It’s in the best interest of the ward to find guardianship
- The proposed guardian has the ability to take care of the ward
- The rights of the ward will be protected under the proposed guardian
Why You Will Need a Guardianship Attorney
While filing for guardianship, you will need to hire an attorney to guide you through this process. In a court case, you have the right to represent yourself. However, you don’t have the right to represent another person – in this case, a ward. Through a lawyer, you can learn more about your role as a guardian. There’s full guardianship, there’s the guardian of an estate, there’s guardianship of a person and an estate, and then there’s temporary guardianship. The type of guardianship role you’ll take on will likely be determined by the judge, but a lawyer can fill you in on the details. Because the state of Texas is careful in legalizing guardianship, this process can take anywhere from three to six months.