Are there age restrictions for guardians?

In Texas, there are age restrictions for guardians that depend upon the type of guardianship being established. In the case of a guardianship of an adult (18 years of age or older), there are no age restrictions for guardians. However, the guardian must be a qualified individual, such as a family member, friend, or qualified professional. A court may also appoint a guardian ad litem to represent the interests of the adult in the guardianship proceedings. In the case of a guardianship of a minor (under 18 years of age), the guardian must be 18 years of age or older. The guardian can be any adult, including the minor’s parent or a family member, friend, or qualified professional. In some circumstances, a court may appoint a minor to be a guardian. The court must approve the minor’s appointment and may require the minor to post a bond or surety. In all cases, the guardian must be a “suitable and capable” individual who will responsibly manage the ward’s interests. The court must also determine whether the proposed guardian has the physical capacity to assume guardianship duties. A court may reject a guardian if there is a conflict of interest or if a bond is required but is not provided. Guardians are subject to annual review and may be removed if they fail to fulfill their duties.

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