Guardianship is a legal arrangement in which an individual (a guardian) is given legal authority and responsibility to care for another individual (a ward). Parents may appoint guardians of their minor children in a will or other estate planning document so if both parents die before their children reach the age of majority (become adults) the guardian will have the legal authority to care for the children. Or if a minor’s child’s only living parent expects to lose the ability to care for the child due to the parent’s deteriorating health or other incapacity, the parent may initiate a legal process to make an adult relative or friend the child’s legal guardian. And if a minor child’s parents are not fit or able to care for their child, the court may appoint a legal guardian.
A legal guardian is responsible for the ward’s daily care, including the ward’s food, clothing, shelter, education, health care, and financial needs. But a legal guardian’s responsibility is not permanent, and generally terminates when the minor child reaches the age of majority (usually 18). And if the ward’s parent or parents become able to care for the ward again, the court may end the guardianship. If the ward has special needs, the guardianship may continue after the ward becomes an adult.
The temporary nature of a guardianship, and the fact that it is supervised by the court, is different from the adoption process in which the adoptive parents assume the same responsibilities as biological parents.
In Texas, guardianship is a legal mechanism where a guardian is appointed to care for a minor (the ward) when the parents are unable to do so due to death, incapacity, or other reasons. Parents can designate a guardian for their children in their will or estate planning documents. If a living parent anticipates becoming incapacitated, they can initiate a legal process to appoint a guardian for their child. In cases where parents are deemed unfit, the court may appoint a guardian. The guardian is responsible for the ward's daily needs, including food, shelter, education, healthcare, and financial matters. This guardianship typically ends when the child reaches the age of majority, which is 18 in Texas, or if the parents regain the ability to care for the child. However, for wards with special needs, guardianship can extend into adulthood. Unlike adoption, guardianship is temporary and subject to court supervision. The court has the authority to terminate the guardianship if it determines that it is in the best interest of the ward.
