Guardianship in the State of Texas

The ward of a legal guardian in Texas

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Guardianship refers to a court-appointed legal relationship between a guardian and a ward. In this relationship, the guardian is granted decision-making authority over the ward, meaning the minor in the relationship. While a guardian often stands in as a child’s parent, guardianship does not negate the parents’ rights the way adoption does.

If you have questions or concerns about guardianship, turn to a skilled Round Rock family lawyer for the skilled legal guidance you need.

Guardianship of a Child in Texas

Texas guardianship of a minor is a legal process that’s designed to protect the minor child from abuse, exploitation, or neglect. Guardians provide children with care, make important decisions on their behalf, and manage their finances. If you are interested in becoming a guardian, you can file an application for guardianship in the minor’s county of residence.

How to Obtain Guardianship in Texas

To obtain guardianship of a child in Texas, you’ll need to file an Application for Appointment of Permanent Guardian, which requires all the following information:

  • The minor’s name

  • The minor’s address

  • The degree and nature of the minor’s incapacities, if applicable

  • Your address

  • Your relationship to the minor

  • The names of the minor’s parents and whether or not they are both living

  • Whether the minor was the subject of a legal conservatorship hearing in the two years prior to your filing

In order to receive guardianship of the minor, a hearing is required. During the hearing, you’ll need to convince the court that the minor needs a guardian and that you are well suited to the responsibility. Guardianship is granted at the court’s discretion, and other minors, those who are incapacitated, or those who have a sexual offense on their record are barred from serving in this role.

Once you file the petition to have yourself named as a child’s guardian, their parents will need to be served with notice. This notification is their opportunity to respond with answers, which begins the legal process of obtaining guardianship. The legal process can be long and complicated, so it’s always best to have a Round Rock family law attorney by your side.

Guardianship is an immense responsibility. Working closely with a compassionate Round Rock family law attorney can help you better understand what you’ll be taking on and can help you improve your chances of being awarded guardianship.

Assigning Guardianship in Texas

The State of Texas assigns guardianship according to priority, and the closer the relative, the higher the priority. Courts use this hierarchy to determine priority:

  1. The person the last surviving parent designates for guardianship

  2. The child’s closest relative, which usually means a grandparent, aunt, or uncle

  3. A nonrelative whom the court determines is an appropriate guardian

When the Parents Grant Guardianship

The least complicated means of becoming a child’s guardian is when his or her parents both grant you guardianship. This arrangement can be accomplished via a written document that vests you with the rights, responsibilities, privileges, and duties of a guardian over their child. Having this document in place helps pave the way toward a much smoother court process.

Your Role as Guardian

Texas law makes a child’s biological or adoptive parents their guardians and conservators. As such, the parents – as the child’s guardians – are responsible for providing the child with the care they require, for raising the child, for making decisions that are in the child’s best interests, and for maintaining custody of the child until they reach the age of 18.

If you are a relative of or have a relationship with a child whose parents are not up to this immense responsibility or that you could help in some way, guardianship may be an option.

A guardian walks in the shoes of the child’s parent, and he or she takes on two primary rights and responsibilities:

  • Obtaining medical treatment and care for their wards

  • Enrolling their wards in school

Guardians also provide for the children they care for, including all the following necessities:

  • Safe shelter

  • Nutritious food and clean drinking water

  • Clothing

  • Nurturing

Although the child’s parents remain financially responsible for them, which means the child may receive financial assistance from the state, guardians often take on some of the financial responsibility – though this is often arranged informally. If you need help arranging these responsibilities, a skilled Round Rock family law attorney can help.

The Best Interests of the Child

Guardianship cases – just like custody cases – are determined in accordance with the involved children’s best interests, which include general concerns like the following:

  • The protection of the child in terms of safety and mental and physical health

  • The ability of the guardian to provide for the child adequately, including the provision of medical care

  • The overall mental and physical health of the guardian

  • Whether the issue of domestic violence is a concern.

Temporary Guardianship of a Minor in Texas

In Texas, a parent can sign a specific form – the Authorization Agreement for Voluntary Adult Caregiver or authorization agreement – to assign temporary authority for their child to a close relative or a nonrelative who has been approved for the role. Assigning temporary legal guardianship in Texas requires the signature of at least one of the child’s parents, along with the signature of the named guardian.

The Authority Bestowed

The authorization bestowed by an authorization agreement includes all of the following rights:

  • The right to consent to medical treatment for the child

  • The right to obtain insurance for the child

  • The right to obtain copies of the child’s state-issued personal identification documents, such as their birth certificate, and of their federally issued personal identification documents, such as their social security card – as allowed by federal law

  • The right to apply for and obtain public benefits on the child’s behalf

  • The right to enroll the child in a daycare or school

  • The right to consent to the child’s extracurriculars

  • The right to consent to the child obtaining a state identification card or a driver’s license

Filing for guardianship in Texas is an important responsibility that requires the filer’s utmost commitment to the child and their best interests. Give your filing process the best chance of success by working closely with a skilled Round Rock family law attorney.

The Other Parent

A copy of the agreement must be sent to the parent who didn’t sign the authorization agreement form within ten days of the document’s completion. This requirement does not extend to parents who have had their parental rights terminated.

The Court’s Permission

Generally, you don’t need the court’s permission to gain temporary guardianship of a child with an authorization agreement. The exceptions include the following situations:

  • If there is a case pending in court regarding the child

  • If there is a current court order regarding the child

Rescinding an Authority Agreement

A parent of a child under guardianship can take back, cancel, or rescind the authority granted in writing. However, if the parent continues to leave the child with the guardian for an extended period, it can affect their parental rights.

Emergency Guardianship in Texas

Emergency guardianship of a child in Texas involves filing an Application of Temporary Guardian when immediate action is required in relation to the safety of the child in question. This action leads to a hearing at which a judge will determine if the temporary guardianship is warranted.

The results of an emergency guardianship can be swift, but the guardianship afforded is temporary. The goal is offering the child a safe landing spot while the concern at the root of the emergency and the best available options are carefully considered by the court.

In order to obtain emergency guardianship of a child in Texas, you’ll need to demonstrate – through substantial evidence – that they are in immediate need of guardianship. All of the following forms of evidence can be useful in building your case:

  • Photos and videos

  • Text messages

  • Witness testimony

  • Written affidavits

Alternatives to Guardianship

There are instances in which adults make important decisions on behalf of children who are not their own without taking on legal guardianship in Texas. This situation can occur when an adult is assigned power of attorney over the child, which can include medical power of attorney – sometimes referred to as medical guardianship in Texas.

When an adult is assigned medical power of attorney, he or she has the authority to make important medical and healthcare determinations on behalf of the child. Financial power of attorney can also be assigned, and it affords the authority to handle the minor’s financial concerns.

FAQ

The answers to the following frequently asked questions may address some of your own concerns regarding guardianship. If you have specific questions about your case, don’t hesitate to reach out to a seasoned Round Rock family law attorney.

What Is Guardianship?

In the State of Texas, guardianship refers to a relationship that’s established by the court and appoints an adult to provide someone who is incapacitated with the care they need. Minors fall under this classification of incapacitation. The adult who provides the care is identified as the guardian, and the person who is cared for is identified as their ward.

Is a Stepparent a Legal Guardian in Texas?

Stepparents generally have no legal rights in the State of Texas, and this is especially true when both biological parents play an active role in their children’s lives. However, a stepparent can become a legal guardian if the need arises and the stepparent goes through the appropriate channels – just like any other legal guardian.

How Do I Become a Legal Guardian in Texas?

There are several mechanisms for becoming a legal guardian in Texas:

  • If it is an emergency situation, you can petition the court for temporary guardianship.

  • One of the child’s parents can bestow temporary guardianship upon you through a signed authorization agreement. If the other biological parent has parental rights, they must be sent a copy.

  • You can seek permanent guardianship by filing an Application for Appointment of Permanent Guardian with the court and going through the legal process.

What Authority Do Guardians Have?

Guardians have the authority to provide and care for their wards – or the children to whom they are awarded guardianship. This responsibility generally includes providing their food and clothing, providing them with appropriate shelter, attending to their healthcare needs, providing them with the nurturing children require, enrolling them in school or daycare, attending to their educational needs, and beyond.

In many ways, a guardian takes on the role of the child’s parent, and the relationship can be immensely rewarding.

Who Is Disqualified from Becoming a Guardian in Texas?

Those who are disqualified from taking on the role of a child’s guardian include all the following individuals:

  • Another minor

  • Anyone whose general conduct is considered bad or inappropriate

  • Anyone who is incapacitated

  • Anyone who is party to – or whose parent is party to – a lawsuit affecting the welfare of the child in question

  • Anyone who is indebted to the child in question – unless the debt is resolved prior to appointment

  • Anyone who is deemed incapable of effectively assuming the role of guardian due to inexperience, lack of education, or for any other good reason

  • Anyone whom the court deems unsuitable

How Is Guardianship Different from Adoption?

Both guardians and adoptive parents must ensure the children they care for are provided for in terms of basic necessities that include healthcare, education, medical care, and a stable home life. A primary distinction between the two relationships is permanence.

Adoptive Parents

All the following responsibilities apply to adoptive parents:

  • They take over the role of their adoptive child’s biological parents, whose parental rights are terminated.

  • They have authority over their adoptive child’s name, and the child has full rights of inheritance.

  • They are fully responsible for every aspect of the child’s life, just as other parents are.

Guardians

While a guardian has important rights in relation to caring for their ward, these rights end when the child turns eighteen. Legal proceedings can also end the guardianship at any point. Further, the fact that a child has a guardian does not terminate the biological parents’ parental rights.

Consult with an Experienced Round Rock Family Law Attorney Today

Brett Pritchard at The Law Office of Brett H. Pritchard in Round Rock, Texas, is an accomplished family law attorney who dedicates his impressive practice to helping clients like you successfully assume guardianship roles in support of their wards’ best interests.

To learn more about how we can also help you, please don’t hesitate to contact us online or call us at (254) 781-4222 and schedule your FREE consultation today.

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