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Guardianship legal requirements

A guardianship in Texas may be granted to someone to take care of minor children or an individual who is otherwise unable to take care of him or herself or to act on behalf of someone who is unable to do so him or herself. According to the Office of the Governor, guardianship requests begin with an application. Then, depending on the situation, there may be further documentation required. The whole situation is done with the best interest in mind of the person who will become the ward of the guardian.

Guardianship may become an issue in a variety of situations. It could occur if both parents of a child die, if a person is taken ill or injured in a way that makes them incapacitated or through a will. It may also be used in cases where a child is put up for adoption.

The Texas Guardianship Association points out that there are two types of guardianship. One provides for a person to take care of another person’s needs. The other puts the person in charge of another person’s estate. In either case, the guardianship must be awarded by court order. This is even true if it was outlined in a will.

Once a guardian is appointed, that person is responsible for carrying out the responsibilities dictated by the court. This can range from caring for the ward and providing financial support to selling property and distributing it based on the ward’s wishes. The law is focused on the safety, security and rights of the ward, so guardians may be limited in their rights. For example, there are limitations on the ability of a guardian to commit a ward for psychiatric care. In addition, the guardian must post a bond with the court that guarantees he or she will fulfill the duties assigned.

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