Can a guardianship be created without going to court?

In Texas, guardianship is a legal process where someone is appointed by the court to be responsible for providing care for a minor child, incapacitated adult or disabled person. Generally, a guardianship must be established through court proceedings with a judge making a determination that the person requires guardianship due to a disability, inability to care for themselves, or other extenuating circumstance. However, there are some limited situations in Texas in which a guardianship can be created without going to court. One such situation is when a parent voluntarily delegates guardianship powers to an adult in a guardianship delegation agreement. This agreement is usually used when parents are temporarily unable or unwilling to care for their children due to work or other commitments. The agreement must be in writing, signed by the parents and witnessed by two individuals, and must be filed with the court. Another situation in which a guardianship can be created without court intervention is through a "Standby Guardian" appointment. This involves the parent(s) naming a person in their will and granting them the authority to assume guardianship of the minor child in the event of their death or incapacity. In both of these situations, guardianship can be created without having to go to court. However, it is important to note that the guardianship still must be approved by the court in order for the guardian to assume the full authority of guardianship. Therefore, it is best to consult with a lawyer before making any decision involving the guardianship of a minor child or disabled person.

Related FAQs

Who is eligible for guardianship?
What is a standby guardianship?
What are the responsibilities of a guardian?
How is a guardianship revoked?
How are guardianship decisions made?
What is a guardianship of the minor?
What type of guardianship is best for a special needs child?
Are there age restrictions for guardians?
How can a guardian be removed from their position?
How does a guardianship end?

Can a guardianship be created without going to court?

Related FAQs

Related Blog Posts