Top 5 Common FAQs About Guardianships for Minors in Texas
1. What is guardianship for a minor in Texas?
Guardianship for a minor is a court appointed legal relationship that gives an adult authority to make decisions for a child under age 18. This can include medical care, education and day to day supervision through a Guardian of the Person, or financial management through a Guardian of the Estate. Texas requires court approval before anyone other than a parent can legally make these decisions.
2. When do you need guardianship for a minor in Texas?
Guardianship is needed when parents cannot care for a child or when a child receives money or property that must be protected by the court. Common situations include the death or incapacity of parents, special needs children turning 18, minors receiving inheritances or settlements and young adults injured while living away from home. Guardianship ensures someone is legally authorized to act in the child’s best interest.
3. What is the difference between Guardian of the Person and Guardian of the Estate?
A Guardian of the Person makes decisions about the child’s daily care, schooling, medical treatment and living arrangements. A Guardian of the Estate handles the child’s financial assets, including inheritances, life insurance proceeds, lawsuit settlements and property owned by the minor. Some cases require both types of guardianship for complete protection.
4. How do you get guardianship of a minor in Texas?
To obtain guardianship, an adult must file an application with the probate court in the county where the child lives. The court will review background checks, conduct an investigation and hold a hearing to determine if guardianship is necessary and who is the most suitable person to serve. The Ashmore Law Firm prepares the filings, represents the proposed guardian at hearings and guides families through every legal requirement.
5. Can a guardianship for a minor be contested?
Yes. A guardianship can be contested if someone believes the proposed guardian is not suitable or if multiple family members disagree about who should serve. Contested cases require the court to evaluate evidence and determine what arrangement is in the child’s best interest. The Ashmore Law Firm handles both uncontested and contested guardianship matters, including disputes involving financial concerns, safety issues and family conflict.
