You may wonder, “How does temporary guardianship work?” especially when you believe a loved one may be a danger to themselves or is otherwise incapacitated. If you believe that temporary guardianship is necessary, contact The BB Law Group PLLC. We have the knowledge and experience to determine whether temporary guardianship is warranted in your circumstances.
Call today for a confidential case evaluation to learn more about temporary guardianship and how we can help you during this difficult time.
How Long Does Temporary Guardianship Last in Texas?
Subject to certain exceptions, temporary guardianship may only remain in effect for sixty days. The period for temporary guardianship is set by the court to be within this limited time. Temporary guardianship is typically sought in emergencies when it is necessary to protect the health and well-being of the individual, such as when a sudden illness strikes, an accident occurs, or they suffer a mental health crisis, which can result in your loved one being unable to care for and make decisions for themselves.
Can You Give Temporary Guardianship to a Family Member?
Yes, Texas law gives preference to family members over non-family members when establishing guardianships, including temporary guardianships. A family member is often the best choice to serve as a temporary guardian, given their close relationship with the individual and understanding of the potential harm that could come to the individual if the temporary guardianship is not established.
In terms of priority, the court will appoint temporary guardians for a potential minor ward in the following priority:
- Parents
- An individual designated by the last surviving parent
- The closest relative to the child, including grandparents or an aunt or uncle
- A non-family member the court deems appropriate
If the potential ward is an adult, temporary guardians may be assigned as follows:
- The person the ward previously designed as guardian before their incapacity
- The ward’s spouse
- A non-family member the court determines will serve as an appropriate guardian
How To Grant Temporary Guardianship
Guardianship is a legal relationship established by court order in which a guardian is appointed to care for an incapacitated person. To be considered “incapacitated” under Texas law, you must be a minor or an adult who is unable to provide for or care for yourself. Specifically, an incapacitated adult is unable to care for their physical health or manage their finances. Of course, such incapacitation can arise in emergent circumstances requiring temporary guardianship.
For temporary guardianship to be established by the court, an application for temporary guardianship of the person and/or estate, along with any supporting information, is filed with the court. After this initial filing, you can expect the following steps:
- A doctor’s letter concerning the potential ward’s physical and/or mental state is filed.
- An attorney ad litem is appointed for the individual.
- The court holds a hearing within ten days of the initial application, and a temporary guardian is appointed or dismissed.
- The emergency/temporary guardianship is ordered for sixty days.
- At the end of sixty days, the court will determine whether a permanent guardianship is necessary.
- The temporary guardian files a final accounting and an application to terminate the temporary guardianship.
The extent of the incapacitation will determine the authority the court will grant to the temporary guardian. For example, suppose the ward cannot care for themselves, manage their property, drive a car, and decide where to live. In that case, the court may appoint a guardian over the proposed ward’s person and estate, giving them full authority.
However, if the person is only partially incapacitated and can do some but not all of the tasks necessary to care for themselves and their property, the court may appoint a guardian with limited powers. Should the court find that the potential ward does have the capacity to care for and provide for themself as any reasonable person could, the court will dismiss the application for guardianship.
Call The BB Law Group PLLC If You Have Questions About Temporary Guardianship
At The BB Law Group PLLC, we understand that needing temporary guardianship likely means you and your family are going through a challenging time. Our guardianship attorneys are dedicated to helping families in their time of need. If you hire our firm, you can be confident you have a strong legal advocate to answer your questions and seek the best outcome for your case.
Let an experienced and knowledgeable Texas family law attorney from The BB Law Group PLLC guide you through the guardianship process. Call us today at (832) 534-2589 or contact us online to discuss whether temporary guardianship is right in your case in a confidential consultation.