Guardianship in Texas is a legal setup. In this arrangement, one cares for a minor child or an adult who cannot make decisions. This includes handling personal and financial choices for them. In most cases, Texas courts can take between 60 and 90 days to hear a petition before they grant guardianship on a permanent basis.
However, in certain emergency situations, a court can grant temporary guardianship. For example, if a child suddenly loses their parents, they may need a guardian immediately. Older adults may need help with their daily tasks if they have a health emergency. They might require this assistance sooner than expected.
How does temporary guardianship work? Who can legally serve as a temporary guardian? How long does the arrangement last? Working with an experienced Texas guardianship attorney can help you understand what steps you need to take.
How to Grant Temporary Guardianship
When seeking a temporary guardianship order, you must present substantial evidence that the proposed ward may be unfit. The court must have a good reason to believe that the proposed ward needs a guardian right away.
The individual wishing to assume a guardianship role must file a signed and sworn application containing the following information:
- The proposed temporary ward’s name and address
- The nature of the danger to the proposed temporary ward’s person or property
- The nature of the assistance required
- Evidence of the facts in support of the temporary guardianship request
- The name, address, and qualification of the proposed temporary guardian
- The name and address of the applicant, as well as their interest in the situation
- If applicable, information concerning the proposed temporary guardian’s certification as a private professional guardian
A hearing on the temporary guardianship will be scheduled within ten days of the application. However, the proposed ward or their attorney may request a postponement of up to 30 days.
How Long Does Temporary Guardianship Last in Texas
In the first instance, a Texas court will grant a temporary guardianship that lasts just 60 days. The court may look at more evidence if the situation has not improved by the set time. This will help decide if it should give a longer temporary order or permanent guardianship. Furthermore, the temporary guardian may petition the court to make the guardianship permanent during this 60-day period.
Can You Give Temporary Guardianship to a Family Member?
In most cases, you can give temporary guardianship to a family member in Texas if they meet the rules. The court usually prefers a family member as a temporary guardian over a non-family. Provided if the family member is qualified.
To be eligible, the proposed temporary guardian must be an adult and have no convictions for serious crimes. These include family violence, abuse, neglect, or exploitation. They should also demonstrate their ability to act in the proposed ward’s best interests.
Courts commonly appoint close family members like parents, adult children, siblings, grandparents, aunts, and uncles. However, more distant relatives can qualify too. They must have a caring relationship with the proposed ward. They also need to manage their affairs well during the temporary period.
Duties and Powers of a Temporary Guardian
Once the court appoints a temporary guardian, they can make important decisions for the ward during this time. Their essential duties may include:
- Managing the ward’s finances and assets
- Making arrangements for the ward’s care, residence, and daily needs
- Giving consent for medical treatment when the ward cannot
- Representing the ward in legal proceedings if required
The temporary guardian usually exercises only the powers necessary for the ward’s immediate care. This helps prevent serious financial loss or personal injury. The court order will specify the exact scope of their authority.
Contact the Adams Law Firm Today
Legal questions concerning the guardianship of children or incapacitated adults can be overwhelming and sometimes emotional to manage. When a situation arises requiring a more swift guardianship process, it can be easy to make costly mistakes. Working with an experienced Texas temporary guardianship lawyer can help avoid problems in this important situation.
The experienced attorneys at Adams Law Firm have over 35 years of experience helping Texans with family law issues. Our compassionate attorneys will listen to your story. They will create a smart and effective plan just for you.
Contact us online or call us today at (281) 391-9237 for a confidential consultation to discuss your situation. See the cases we handle, and let us get to work for you.
