How is a guardianship petition filed?
In Texas, a guardianship petition is filed by completing and filing a petition with the court. The petition includes information about the proposed ward, the proposed guardian, and the reasons for the guardianship. The petition must be accompanied by a doctor’s evaluation of the proposed ward’s mental and physical health and a medical report indicating the ward’s ability to manage his or her own affairs. The petition also includes information about the proposed guardian’s qualifications and eligibility to serve as guardian. Once the petition is filed, the court will schedule a hearing, which will be open to the public. During the hearing, the court will hear from the proposed guardian, the proposed ward, any interested parties or witnesses, and the court’s own representatives. This is the opportunity for the proposed guardian to present their case for why the guardianship should be granted. At the conclusion of the hearing, the court will issue its decision, either granting or denying the petition. If the petition is granted, a guardian will be appointed to manage the ward’s affairs and care for them. If the petition is denied, the court will provide the reasons for its decision and may also provide further guidance for the future.
Related FAQs
What is an emergency guardianship?How often is a guardianship review required?
What is a guardianship of the person?
Can a guardianship be changed?
What is a guardianship for an adult?
Can a guardian make medical decisions on behalf of a ward?
What legal rights does a guardian have?
What type of guardianship is best for a special needs child?
How does a guardianship protect the ward?
Can a guardian be appointed without a court order?
Related Blog Posts
Understanding Guardianship Law: What Do Parents Need to Know? - July 31, 2023What Is a Guardianship and When Is It Necessary? - August 7, 2023
The Process of Establishing a Guardianship - August 14, 2023
What Are the Responsibilities of a Guardian? - August 21, 2023
Guardianship Law for Elderly Parents: What You Need to Know - August 28, 2023