![]() For information about legal options regarding care for children or minors, see our research guide on child custody. Texas law uses the term "conservator" instead. Some people use the term "guardian" to refer to the general custody of a child. ![]() In most instances, legal guardians are generally selected in one of two ways: they can either be appointed by a family law court or included in a legal instrument called a guardianship agreement. This guide provides information about assigning a guardian to an adult who is or may become incapacitated. A legal guardianship can also be arranged if the child needs someone to make legal decisions on their behalf. These are discussed on the Alternatives to Guardianship page of this guide. There are other alternatives that should be explored before proceeding with a guardianship. Please note that guardianships are very restrictive for the ward. It is important to understand that guardianship should be a last resort and established only in. The term ward describes a person whom the court has declared legally incapacitated and has had some or all of his or her rights removed. ![]() This guide discusses guardianships for an incapacitated person, which Texas law defines as someone "who because of a physical or mental condition, is substantially unable to provide food, clothing, or shelter for himself or herself, care for the person's own physical health, or manage the person's own financial affairs" ( Texas Estates Code Section 1002.017). The term guardianship describes a legal relationship between the guardian and the ward. The forms tell the judge about you, anyone who wants to be a co-guardian with you, the person you want to be the guardian over, and why the guardianship is needed. Search library website find library books hide navigation menuĪ guardianship is a legal relationship created by the court to allow the appointment of someone ( the guardian) to be responsible for decision-making for someone else ( the ward). If you want to be the guardian over an adult, there are many forms you must fill out to open a case.
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