How long does it take to establish guardianship in Texas?

A person in Texas, may need a guardian for a variety of reasons. The Texas court grants guardianship. The most common reasons include the person's healthcare, personal hygiene, and nutrition. Other areas in which a person may need a guardian include personal safety, employment, issues with independent living, and finances. If you believe it's in the best interest of a family member for you or someone else to have control over their health, financial, or safety decisions, you can file for guardianship. When you complete and file the paperwork, it takes approximately 30 days for the court to make a decision.

Steps to Establish Guardianship in Texas

When people can't manage their personal or financial affairs, care for themselves, or make decisions, they may need a court-appointed guardian. The guardian is responsible for the ward's well-being and their best interests. In Texas, the guardianship process involves hiring a lawyer, filing an application with the court in the county in which the ward resides, attending a hearing, and having a judge make the decision about whether the person needs a guardian.

1) Determine the Type of Guardianship Needed

There are two types of guardianships. The court may appoint a person to control their ward's personal decisions, which include their educational, housing, and medical decisions. When the court appoints a person to handle an estate, they control their ward's finances and personal property. The court may appoint a guardian to control the person and their estate. Guardianship usually involves appointing a person to be responsible for a minor child or adult who is incapacitated due to an injury, illness, or disability.

2) File the Application

The first step in the guardianship process is filing the application with the court in the county of residence. The application must include details about the ward's need to have a guardian appointed, the qualifications of the proposed guardian, and the fact that they're willing to serve in that capacity. The petition must include a doctor or psychologist's affidavit or medical report stating the reasons for the guardianship. The petition must also include a financial statement with the ward's income, any benefits they receive, and their assets and liabilities.

3) Court Investigation

The attorney ad litem handles the guardianship case. However, the court may also appoint a guardian to investigate the circumstances of the ward in question and follow up by making recommendations to the court. The court-appointed guardian may investigate the ward and individuals with information relevant to the case. The court guardian may interview the ward's caregivers and family members.

4) Hearing

After the relevant reports are filed by the attorney ad litem and the court-appointed guardian, the court schedules a hearing to review the petition for guardianship. The court will review the evidence presented by all parties and decide whether it's necessary to appoint a guardian.

5) Court Decision

The decision of the court is based on the needs of the ward. The guardian must be able to provide food, medical care, shelter, and clothing. The guardian must ensure the ward has educational and vocational opportunities. The guardian must keep accurate financial records and report to the court. The guardian must decide about medical care and treatments, including mental health care. The guardian must make appropriate decisions about the ward's living arrangements and necessary services. Regular reports to the court are mandatory and should include information about the ward's living arrangements, financial and medical status, and any significant changes. If a family member in Texas may need a guardian contact an attorney for a consultation.