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When a child’s parents can no longer care for them, the court may appoint a guardian to step in and make decisions about the child’s well-being. In Texas, becoming a guardian of a minor is a serious legal responsibility that involves multiple steps, documents, and court approval. It’s not a quick process, but it can make a life-changing difference for a child who needs stability and care.
This guide explains how guardianship works in Texas, the requirements you must meet, and the steps to take if you want to become a legal guardian.
Understanding Guardianship of a Minor
Guardianship is a legal relationship created when a court gives an adult the authority to make important decisions for a child under 18 years old. This can include decisions about education, healthcare, living arrangements, and general welfare.
A guardian’s duty is to protect the child’s best interests and act as a responsible caretaker. The court oversees this arrangement to make sure the guardian meets their responsibilities and manages the child’s affairs properly.
In Texas, guardianship usually applies in situations where:
- Both parents have passed away
- Parents are unfit or unable to care for the child
- The child’s living situation is unsafe or unstable
- Parents consent to the appointment of a guardian
Types of Guardianship in Texas
Texas law recognizes two main types of guardianship for minors:
Guardian of the Person
A guardian of the person is responsible for the child’s physical care and personal decisions. This includes choosing where the child lives, making medical appointments, enrolling them in school, and managing daily needs.
Guardian of the Estate
A guardian of the estate manages the child’s property, money, or assets. This type of guardianship is common when the child inherits property, receives a settlement, or has financial resources that need to be protected until adulthood.
In some cases, one person may serve as both the guardian of the person and the estate.
Who Can Become a Guardian
To qualify as a guardian in Texas, you must meet several legal and personal requirements. The court wants to make sure the child is placed in a safe, stable, and trustworthy environment.
You must:
- Be at least 18 years old
- Be a Texas resident or have a strong connection to the state
- Have no felony convictions
- Demonstrate good moral character
- Be physically and mentally capable of caring for a child
Courts typically give priority to close relatives, such as grandparents, adult siblings, aunts, or uncles. However, non-relatives can also qualify if they can prove a strong and caring relationship with the child.
Steps to Become a Guardian of a Minor in Texas
The guardianship process requires attention to detail and proper documentation. Below is a step-by-step breakdown of how to apply for guardianship in Texas.
Step 1: Determine If Guardianship Is Necessary
Before filing anything, you must first determine if guardianship is truly needed. Texas courts prefer less restrictive options whenever possible. If the parents can still make decisions, or if another adult already has authority through a power of attorney or custody order, formal guardianship may not be required.
You can speak with a family law attorney to evaluate your situation and confirm that guardianship is the appropriate step.
Step 2: File an Application for Guardianship
To begin the process, file an Application for Appointment of Guardian of a Minor in the county where the child lives. The application should include:
- Your personal information and relationship to the child
- The reason guardianship is necessary
- Information about the child’s parents or existing caregivers
- Any property or assets the child owns
After filing, the court clerk will assign a case number and set a hearing date.
Step 3: Notify Interested Parties
Once the application is filed, you must notify all parties with a legal interest in the case. This usually includes:
- The child’s parents (if they are alive)
- The child’s relatives
- Any current legal guardian or custodian
Texas law requires formal notice so that these individuals have a chance to object or participate in the proceedings.
Step 4: Undergo Background Checks and Evaluations
The court will order background checks and possibly a home study to verify that you can provide a safe environment. These checks may include:
- Criminal background screening
- Fingerprinting
- Financial review
- Interviews with family members
The court may also appoint an attorney ad litem to represent the child’s interests and provide an independent assessment of what arrangement best serves the child.
Step 5: Attend the Court Hearing
During the guardianship hearing, the judge reviews all evidence and testimony. You’ll have the opportunity to explain why you’re seeking guardianship and how you plan to care for the child.
The court may ask questions about your relationship with the child, living conditions, finances, and ability to meet the child’s emotional and physical needs.
If the judge finds that guardianship is in the child’s best interest, they will issue an order appointing you as the guardian.
Step 6: Complete Post-Appointment Requirements
After being appointed, you must take an oath of guardianship and post a bond if required, especially if the guardianship involves managing property or funds.
The court will issue letters of guardianship, which serve as proof of your legal authority to act on the child’s behalf. These letters must be renewed annually.
You’ll also need to:
- File annual reports about the child’s well-being
- Submit financial accountings if you manage the child’s estate
- Comply with all court orders related to guardianship duties
Rights and Responsibilities of a Guardian
Being a guardian means assuming significant responsibilities for the child’s safety and future. Some of your duties include:
- Providing food, housing, medical care, and education
- Maintaining regular contact with the child’s school and doctors
- Making important decisions in the child’s best interest
- Managing any property or money belonging to the child responsibly
- Keeping the court informed of any major changes in the child’s situation
A guardian doesn’t own the child’s property but manages it until the child turns 18 or the court ends the guardianship.
How Long Guardianship Lasts
In most cases, guardianship of a minor continues until the child turns 18. However, it can end earlier if:
- The parents regain custody through a court order
- The guardian resigns or becomes unable to serve
- The child is adopted
- The court determines guardianship is no longer necessary
If you wish to end or modify guardianship, you must file a petition with the same court that issued the original order.
Common Challenges in Guardianship Cases
Guardianship cases can become emotionally and legally complex. Some of the most common challenges include:
- Disputes among family members about who should be guardian
- Parents contesting the need for guardianship
- Complicated financial situations involving the child’s assets
- Failing to meet reporting requirements, which can result in removal as guardian
Working with an experienced attorney helps you stay compliant with all legal obligations and avoid delays.
Alternatives to Guardianship
If full guardianship isn’t necessary, other legal arrangements might provide similar protection for the child. Options include:
- Power of Attorney for Minor Child: Allows a parent to give another adult temporary authority to make decisions.
- Adoption: Permanently transfers parental rights to another adult.
- Custody Orders: Issued through family court to determine who has care and control of the child.
These options may be faster or less restrictive than guardianship depending on the situation.
Why the Court Oversees Guardianship
The court supervises all guardianships to protect minors from neglect, abuse, or financial exploitation. This oversight guarantees accountability and helps maintain transparency. Judges require regular reports and can remove a guardian who fails to fulfill their duties.
The oversight process reassures the court—and the public—that every guardian acts in the child’s best interest.
Final Thoughts
Becoming the guardian of a minor in Texas is a serious commitment that demands time, preparation, and legal understanding. It’s not just about taking care of a child day-to-day; it’s about accepting long-term responsibility for their welfare, education, and future.
If you’re ready to take that step, start by learning about the legal process, preparing your documents, and filing in the correct county. Acting quickly and responsibly will help you provide a safe and stable home for a child who truly needs one.
Need Help with a Guardianship Case?
If you want to become a guardian of a minor in Texas or need help filing your application, contact the Law Office of Bryan Fagan, PLLC. Our attorneys handle guardianship cases with care and guide families through every step of the process.
Call (713) 588-0400 or visit our Houston office to schedule a free consultation and discuss how we can help you protect your loved one’s future.
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- Guardianship and Adoption In Texas
- Guardianship Of Minors In Texas: What You Need To Know
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