Can a guardian be appointed without a court order?

In Texas, guardianship is a legal relationship that is created when an individual, usually an adult, is appointed by a court to take care of a minor child or disabled adult. Generally, the answer to the question is no—a court order is usually required to appoint a legal guardian in Texas. However, the law does provide some exceptions. In certain cases, a guardian may be appointed without a court order. For example, if a parent agrees, a guardian may be appointed to manage the child’s assets in a trust agreement. In other cases, guardianship may be established without a court order for an incapacitated adult or child, if certain legal requirements are met and there is no opposition to the desirability or necessity of guardianship. In addition, if a parent is unavailable or unable to make decisions on behalf of a minor child, the court may appoint an individual to fill that role without a court order. This kind of guardianship is referred to as “guardianship of the person.” Ultimately, it is best to consult with an attorney to determine if a court order is needed to establish a guardianship in Texas. A lawyer can provide guidance and help ensure that all legal requirements are met.

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Can a guardian be appointed without a court order?

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