What is a guardianship?

A guardianship in Texas Family Law is a legal agreement between a court and an adult who is responsible for the care, custody, and control of a child or disabled adult who is not able to make decisions or manage his or her own affairs. A guardianship is created when a court determines that it is in the best interest of the minor or disabled adult to have an adult designated to make decisions and manage his or her affairs. The guardian has the authority to make decisions for the minor or disabled adult,such as medical care, education, and financial decisions. Guardians have a duty to act in the best interest of the child or disabled adult in the guardianship relationship and must manage the assets and money of the child in a responsible and prudent way. The guardian is also responsible for providing the basic needs of the child or disabled adult and making sure he or she is treated with respect and dignity. The guardianship may be terminated when the court determines that the child or disabled adult is capable of managing his or her own affairs or if the child or disabled adult is no longer dependent on the guardian for care and protection. The law also provides protections for the guardianship relationship including rules that ensure the guardian is qualified to serve, and that the guardian provides an annual report to the court about his or her guardianship activities.

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