How does a court decide to appoint a guardian?

In Texas, when a family member or other interested party petitions the court to appoint a guardian, the court will consider a variety of factors before making its determination. Generally, a guardian is appointed when the court finds that the ward (the person for whom the guardian is appointed) is not capable to handle his or her own affairs. The court first considers the ward’s expressed preference regarding the desired guardian. Then, the court considers the suitability of the guardian in terms of his or her ability to manage the ward’s affairs, provide for the ward’s care, and act in the ward’s best interests. In some cases, the court will also consider the financial status of the proposed guardian, the relationship between the guardian and the ward, as well as the proximity of the proposed guardian’s residence to the ward’s home. The court may also consider other relevant factors before appointing the guardian. Ultimately, the court will make its decision based on what it believes will be the best interest of the ward.

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