What should you do when a family member is injured or incapacitated and unable to make important decisions about their financial affairs, medical treatment, or other major life issues? One option is to request the court to grant temporary guardianship, allowing you or an appointed guardian to make the decisions your loved one needs.
If you need to apply for temporary guardianship, an attorney skilled in Family Law can help you with every step. Let us help you as you help your loved one.
Every partner at Higdon, Hardy & Zuflacht, L.L.P. is board-certified in Family Law, a level of training and expertise achieved by less than one percent of Texas lawyers. Contact Higdon, Hardy & Zuflacht, L.L.P. today to get the help you need!
What is Temporary Guardianship?
The Texas Estates Code allows a court to grant temporary guardianship for an incapacitated person who needs protection from some potential harm to them or their estate. Temporary guardianship gives the guardian legal authority to make certain decisions on behalf of the ward or person under guardianship.
The temporary guardian has no powers not explicitly granted by the court. In all other respects, the ward retains all their usual legal rights. For example, if a court grants the temporary guardian the right to make medical decisions on behalf of the ward, the guardian would not have the right to make financial decisions unless the court specifically granted them that authority.
How to Grant Temporary Guardianship
If you believe that a person connected to you is incapacitated and facing some harm they cannot prevent on their own, you can file for temporary guardianship with a Texas court. The proposed temporary guardian can be either you or someone else. In some cases, you may want to hire a certified professional guardian. Your sworn application must be made in writing and must include the following:
- The proposed ward’s name and address.
- The danger you believe to be imminent to the proposed ward or their property.
- What type of protection you want the guardian to provide.
- The reasons for your request and any relevant facts.
- The name, address, and qualifications of the person you propose as temporary guardian.
- Your name, your address, and your interest in the case.
- Whether your proposed guardian is a certified professional guardian.
After you file your application, the court clerk will issue a citation to the proposed ward and other affected parties, listing the details about any upcoming hearings as well as their legal rights.
Can You Give Temporary Guardianship to a Family Member?
When you file for temporary guardianship with the court, you must demonstrate your interest in the case to the court’s satisfaction. A close family member has an interest in the well-being of the person in question.
You must also demonstrate your qualifications to act as a temporary guardian. For instance, if you request temporary guardianship over an incapacitated family member’s financial decisions, you must show that you can make these decisions on their behalf.
If you want to request temporary guardianship for a family member but do not have the qualifications you would need to serve as their temporary guardian, the court can appoint someone else to take that role. You can propose a certified professional guardian or someone else who has the necessary qualifications. The court may appoint the Department of Aging and Disability Services as a temporary guardian, but only if no other options are available.
How Long Does Temporary Guardianship Last in Texas
In the state of Texas, temporary guardianship can last no more than 60 days. The only exception is if an application for guardianship is contested or challenged, whether the application is for temporary guardianship, permanent guardianship, or to change temporary guardianship to permanent guardianship.
In this case, if the court finds guardianship necessary, it can appoint a temporary guardian for up to nine months. The court can extend this term, if necessary, but temporary guardianship will only last until the challenge is resolved or a permanent guardian qualifies for the position, whichever comes first.
Contact Our Temporary Guardianship Attorneys Today
No one wants to stand helplessly by while an incapacitated family member is harmed by a situation they cannot prevent or control. Filing for temporary guardianship can be a way to resolve this situation and get your loved one the help they need.
However, it’s much more challenging to file for temporary guardianship without the help of a Texas Family Law attorney. The partners of Higdon, Hardy & Zuflacht, L.L.P. are Board Certified in Family Law and have the experience to help you get a guardian appointed for your loved one. Contact Higdon, Hardy & Zuflacht, L.L.P. today at (210) 349-9933!