Learn Guardianship Laws In Texas With Bineham & Gillen
At Bineham & Gillen, we understand that becoming a legal guardian is a significant responsibility. It’s a role that has a profound impact on both the ward and the guardian. If you’re considering guardianship in Texas, it’s important to be familiar with the legal requirements and process.
Legal guardianship grants an individual the authority to make decisions for a child or incapacitated adult when the biological parents or legal guardians are unable to do so. We’ll explain what is required for legal guardianship in Texas, including the steps involved and how to navigate the process.
What Is A Court-Appointed Legal Guardian
A court-appointed legal guardian is someone who has been granted legal authority to care for a minor child or an incapacitated adult by a judge.
Guardianship laws in Texas are designed to ensure that the best interests of the child or adult are protected. These laws allow for someone other than the biological parents to assume the legal rights and responsibilities of a guardian, which can include making decisions about healthcare, education and daily living.
Who Can Be A Legal Guardian In Texas?
In Texas, a legal guardian can be a relative, close family friend or anyone who the court deems fit to care for the individual in question. To be eligible, the potential guardian must be over the age of 18 and must not have a criminal record, particularly one involving violence or abuse.
Types Of Guardianship In Texas
There are two main forms of guardianship in Texas: guardianship of the person and guardianship of the estate.
Guardianship of the person grants the guardian authority over the child or incapacitated adult’s daily life. These responsibilities can include making decisions about education, medical care and where the child lives.
Guardianship of the estate allows the guardian to have control over the ward’s financial matters, such as managing money, property and assets. Both types of guardianship may be granted to the same individual or to different people, depending on the situation.
How To Get Guardianship Of A Child In Texas
Becoming a guardian of a child in Texas involves a court process. It’s important to note that guardianship is a separate process from adoption — it also does not guarantee custody of children in all scenarios.
If you want to become the legal guardian of a child, the court must first determine whether the child’s parents can provide adequate care. They also must come to the decision that it’s in the child’s best interest to be placed under guardianship.
Steps To Become A Court Appointed Legal Guardian In Texas
- File a court petition — This petition will include information about the child, the reason for seeking guardianship and the proposed guardian’s relationship to the child.
- Provide notice — The biological parents or legal guardians must be notified about the guardianship petition. If the child is old enough, they may also be notified.
- Undergo a background check — The court will conduct a background check on the suggested guardian to ensure they are fit to care for the child. This process may include a home study and interviews with the guardian and the child.
- Attend a hearing — A judge will review the case and testimony from all parties involved during a scheduled court hearing. The judge will consider whether guardianship is in the best interest of the child.
- Await the court decision — If the court finds that the guardianship is in the child’s best interest, they will issue an order appointing the guardian.
Factors The Court Considers
When deciding whether to grant guardianship, the court will consider several factors, including:
- The child’s relationship with the proposed guardian
- The proposed guardian’s ability to care for the child
- The child’s preferences, if they are old and mature enough to express them
- The reasons why the parents are unable to care for the child
Navigating The Legal Guardianship Process In Texas
Bineham & Gillen understands that the complexities of the guardianship process can be emotionally demanding and intricate. However, with the right guidance, you can navigate this process smoothly. If you need help understanding the steps involved in becoming a court-appointed legal guardian, we’re here to assist.
Guardianship is a powerful and serious responsibility. Whether you are considering guardianship for a child or an incapacitated adult, it’s essential to work with a skilled San Antonio guardianship attorney who can guide you through the legal requirements.
Contact Bineham & Gillen today to learn more about guardianship laws in Texas and how we can help you.
