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All About Temporary Guardianship

Guardianship in Texas is a legal arrangement where one individual assumes responsibility for a minor child’s or incapacitated adult’s personal or financial decisions. 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 or an older adult suffers a health emergency that prevents them from managing their daily affairs, they may require a guardian much sooner than the usual process permits.

How does temporary guardianship work? Who is legally allowed to be a temporary guardian? How long does the arrangement last? Working with an experienced Florida 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 incapacitated. Furthermore, the court must have probable cause to believe that the proposed ward’s person, estate, or both is in immediate need of a guardian.

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. However, if the situation has not improved within the appointed time, the court may consider additional evidence to determine whether it should grant a longer-term 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 legal requirements. The court will typically give preference to a family member over a non-family member when appointing a temporary guardian, provided the family member is deemed qualified.

To be eligible, the proposed temporary guardian family member must be an adult and must not have been convicted of certain criminal offenses like family violence, abuse, neglect, or exploitation. They should be able to demonstrate they have the ability to act in the best interests of the proposed ward.

Close family members like parents, adult children, siblings, grandparents, aunts, and uncles are commonly appointed. However, more distant relatives may also qualify if they have a caring relationship with the proposed ward and can adequately manage their affairs during the temporary period. 

Duties and Powers of a Temporary Guardian

All About Temporary Guardianship

Once appointed by the court, a temporary guardian has legal authority to make essential decisions for the ward during the temporary period. 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’s powers are typically limited to what is absolutely necessary to provide for the ward’s immediate well-being and avoid substantial financial loss or personal injury. The court order will specify the exact scope of their authority. 

Contact 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 the guardianship process to happen more swiftly, it can be easy to make costly mistakes. Working with an experienced Texas temporary guardianship attorney can help you avoid the pitfalls of such a high-stakes situation.

The seasoned attorneys at Adams Law Firm have over 35 years of experience helping Texans with legal issues in the area of family law. Our compassionate lawyers will listen to your story and craft an effective and efficient strategy tailored to your needs and goals. Contact us online or call us today at (281) 391-9237 for a confidential consultation to discuss your situation, and let us get to work for you.

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