Legal Guardianships in Texas

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You may find you need to file for legal guardianship of a minor child or of an incapacitated adult. Although there are a number of different circumstances that can lead to this being necessary, the process is generally the same. Filing and being approved for legal guardianship is complex and typically requires the assistance of a Houston family law attorney. With 30 years of experience in family law, the divorce attorneys and legal staff at the Law Office of Kathryn Marteeny are more than qualified to assist you. We have extensive knowledge and resources in handling matters relating to guardianship.

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Who Can Be a Legal Guardian?

When a parent is no longer able to care for their child or their parental rights are taken away, the court must appoint a guardian or a legal custodian who is legally responsible to help make decisions for the child and provide them with care. This can include matters of schooling, healthcare, and finances. In some cases, a parent’s choice of guardian for a child may be listed in the will, but in most situations, this is not the case. (Seeking conservatorship and custody through the family courts is another option.) In either event, a lawyer will assist with the procedures necessary to have a proper guardian or custodian.

Sometimes an adult is unable to care for or make decisions necessary for their care and it becomes necessary for a guardian to be appointed to legally make decisions for him or her. The procedures for obtaining guardianship over the adult’s person and, where appropriate, the adult’s estate, require guardianship procedures be filed through the probate courts. A Houston lawyer will assist you in all steps of this process.

A guardian will typically hold a number of responsibilities, including the following:

  • Providing for the adult’s or child's health and various needs
  • Ensuring that the adult or child has adequate housing and nutrition
  • Providing guidance and support for the child
  • Handling the estate of a child or adult, under strict supervision of the Court

Typically, the court will want to grant guardianship to the person who is nominated in a will if no one is named in the will, the Court will consider a previous primary caregiver, grandparent or a close relative. For an adult guardianship, the spouse of the adult is usually given first consideration, with adult children or siblings given next priority to be appointed as guardian.

For legal assistance, please call our office today at (713) 936-2300 for a consultation!

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