Guardianship of a Minor in Texas Law

Guardianship is a legal order decreed by a court that places the well-being of a person, including their property and finances, into the hands of another person, association or corporation. Guardianship is often referred to in legal terms as conservatorship.

A person may request to be a guardian of a child or a court may deem that a person is no longer capable of taking care of a child and appoint a guardian to look after their affairs. When considering an appointment for guardian of a minor a court must consider what is in best interest of the child.

There are different types of guardianships each with a different level of responsibility dictated by the court order.

A guardian of the estate manages property and financial assets looking out for the person's best interests.

An interim guardian is one that is temporarily assigned after another guardian is removed or resigns.

An emergency guardian is one that is appointed without a formal hearing when an emergency exists and a guardian is necessary to prevent injury to the person or their estate.

The guardianship of a minor remains under court supervision until the child reaches the age of 18. A guardian is not allowed to benefit at the expense of the ward. A court may require that a guardian periodically provide an accounting of the status of the guardianship. The exact rules regarding accounting of expenses and so on varies from court to court.

Although guardianship of a child removes the parent's right to make decisions about their child's life, it does not necessarily terminate parental rights permanently. Even though a guardian may have custody, a parent may still remain the child's parent legally and may still be liable for child support.

Certain people may be statutorily ineligible to be appointed as a guardian, including minors, people whose conduct is notoriously inappropriate, a person who is incapacitated, a person who is a party to or whose parent is a party to a lawsuit concerning the welfare of the child, a person indebted to the child, a person asserting a claim adverse to the child's property or assets, a person who is incapable of properly managing and controlling the persons estate.

A court will not likely appoint a person who has been convicted of any sexual offense including sexual assault, aggravated assault, injury to a child or elderly or disabled individual, or anyone guilty of abandoning or endangering a child.

Guardianship of a child is an issue often decreed in a person's last will and testament. A judge in probate court will usually honor the requests presented in a person's will but is not bound by it if the court deems the appointment would not be in the child's best interests.

Guardianship Of Minor (Family) in Texas Law

Agriculture Code


pertaining to minors who own cattle, hogs warhorses, caretaker of animals

Alcoholic Beverage Code


pertaining to causes of action, consumption of alcohol by a minor, possession about the home buying minors, purchase of alcohol for a minor, furnishing alcohol to a minor, citizenship of permittee, control of premises, subterfuge

Civil Practice and Remedies


pertaining to limitations on action applying to a patient or former patient who is a child or minor

Education Code


pertaining to immunization, requirements and exceptions, affidavit declining immunization

Family Code


pertaining to who may consent to immunization of a child, texas used commission may consent to the immunization of the child, consent to emergency shelter or care by minor, parental notice, judicial approval, pregnant minor, abortion, guardian ad litem, appeal, reports of sexual abuse of a minor, proceeding by minor parent

Finance Code


pertaining to deposit account of minor, account held by a minor, voting, office-holding of a minor, organization and general powers of state trust company, notice the substitution

Government Code


pertaining to referees findings, hearing before judge, confidential records, consent for the release of confidential information, payment of prize awarded to minor, requests that require large amounts of employee or personnel time, payments, surviving minor child, denial of claim, eligible survivor, selection of death benefit plan, member occupational death benefits, occupational disability retiree death benefits, selection of death benefit plans by survivor, no surviving spouse executor or administrator

Health & Safety Code


pertaining to deny all modification suspension and revocation of eligibility to receive services, reimbursement, compliance with screening requirements, treatment of minor who has pediculosis, concealing communicable disease, exposure to communicable disease, criminal penalties, managing conservator, application of control measures, guardian ad litem, notice, confidentiality, compliance with risk assessment requirements, immunization exemption affidavit form, immunization registry, reports to department, disclosures and representations, prohibited acts, execution of out of hospital dnr order on the half of a minor, certificate of death by catastrophe, bill of rights, inpatient mental health, voluntary admission of a minor, discharger release, notification of trust exemption, independent evaluation, individualized plan, participation in planning, withdrawal from voluntary services, information about rights, notification of trust exemption, application for determination of mental retardation, requirement of interdisciplinary team recommendation, admission to voluntary mental or retardation services, rules relating to planning of services or treatment, withdrawal from services, application for placement jurisdiction, representation by counsel, appointment of attorney, designation of facility, request by client parent or guardian, administrative hearing, hearing before jury, right to personal record

Human Resource Code


pertaining to guardianship services

Insurance Code


pertaining to minors 14 years age or older, authority to contract, written approval by adult required, payment of benefits, insured minor

Labor Code


pertaining to funding of subsequent injury fund, legally incompetent employees

Occupation Code


pertaining to prohibited practices by physician or licensed applicant, practice by massage establishments

Penal Code


pertaining to sail distribution or display of harmful material to a minor

Probate Code


pertaining to notice to certain beneficiaries after probate of will, collection of smaller states upon affidavit, to whom delivered, allowance paid, homestead is not partitioned, homestead can be partitioned, family allowance, exchange of property for family allowance, decree of the court, account for final settlement, paid into state treasury, purposive guardianship, proceeding in rem, county court jurisdiction, contested guardianship of a minor, venue for appointment of a guardian, attachment for property, guardians of persons other than minors, guardians of minors, selection, findings required before appointing a guardian, use of records inhering to appoint a guardian, examinations and reports, bond, settling guardianships of the estate, procedure in case of neglect for failure to file final account or report, appointment of successor guardian, administration of medication, validation of certain leases and pooling your unitization agreements, bond requirements for trustees

Property Code


pertaining to claims filed with comptroller, pleadings and judgment, conflict of interest, guardian or attorney ad litem, transfer by fiduciary, transformed by obligor, pronunciation resignation death or removal of custodian, designation of successor custodian, accounting by determination of liability, management by decree, management by bonded manager, investment funds, trust for property, structured settlement, property within subdivision not affected by petition,

Vernons Civil Statutes


pertaining to death benefits, eligible surviving spouse, general provisions for calculation and payment of benefits, pensions to widows and dependents

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John Q. Lawyer

Attorney at Law

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