For information about legal options regarding care for children or minors, see our research guide on child custody. Texas law uses the term "conservator" instead. Some people use the term "guardian" to refer to the general custody of a child. This guide provides information about assigning a guardian to an adult who is or may become incapacitated. File the forms at the Family Court in the County where the child currently lives or in the County in which at least one parent lives. These are discussed on the Alternatives to Guardianship page of this guide. After the court determines incapacitation, they become a protected person or ward. Until the court decides, the person is an alleged incapacitated person (AIP). First, the court must determine whether a person is incapacitated. There are other alternatives that should be explored before proceeding with a guardianship. The Superior Court can assign a guardian to care for an adult who cannot care for themselves. Planning to get legal guardianship for a friends children Learn about being a legal guardian and how to process it. Please note that guardianships are very restrictive for the ward. This guide discusses guardianships for an incapacitated person, which Texas law defines as someone "who because of a physical or mental condition, is substantially unable to provide food, clothing, or shelter for himself or herself, care for the person's own physical health, or manage the person's own financial affairs" ( Texas Estates Code Section 1002.017). For example, notice of an application for appointment of a. Delivery of papers in a legally appropriate way. contact the legal services program in your county to see if you qualify for free legal services. Search library website find library books hide navigation menuĪ guardianship is a legal relationship created by the court to allow the appointment of someone ( the guardian) to be responsible for decision-making for someone else ( the ward). Revised 02/2017, CN 10558 (Adult Guardianship Person & Estate) page 1 of 35 Chancery Probate.
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