In Texas, a guardianship provides the petitioner with specific rights associated with the ward identified in the petition. Typically, the new guardian makes all decisions for the ward including how their monetary assets are used. A guardianship lawyer in Waxahachie, TX aids petitioners in their quest for these assignments.
Who Is a Guardian Under Texas Laws?
According to guardianship laws, a guardian is defined as an individual who provides care for a child or disabled adult. The laws also identify provisions for managing the property of an individual with a diminished mental capacity.
Under Texas laws, the only individuals who have the right to petition for guardianships are blood relatives initially. However, if the child or adult doesn’t have living relatives, an individual who is deemed appropriate by the court could acquire the assignment.
What Is Each Guardian Type Called?
The guardian who acquires custody or the right to take care of a child is called a guardian of the person. Any individual who receives rights to manage an individual’s assets or estate is referred to as a guardian of the estate.
What Laws Apply to Guardianships for a Child?
The ward and/or child must be under the age of majority or under eighteen. The child cannot be married at the time that the guardianship is awarded. Additionally, the individual cannot obtain guardianship if the court or the state removed the child from their care previously.
What Laws Apply to Guardians of the Estate?
The disabled adult must present a diminished capacity and no longer has the ability to provide for themselves. The law requires evidence of a mental or physical condition that stops them from acquiring food or shelter on their own. Typically, the individual must have a chronic or terminal condition to acquire emergency guardianships.
In Texas, guardianship laws enable family members to receive rights to children or disabled individuals. Adult children may utilize the laws to protect the estate of a parent or another family member. They also petition for the assignment of children who are at risk. Petitioners who need to speak to a guardianship lawyer in Waxahachie, TX can contact Mallios & Associates P.C. or click here for more information now.