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.
Guardianship may also be appropriate an adult who, because of a physical or mental condition, is substantially unable to:
• provide their own food, clothing, or shelter;
• care for their own physical health; or
• manage their own financial affairs.
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.
Laws regarding the various types of guardianships available vary from state to state and are often located in a state's statutes.
In Texas, guardianship is a legal framework where a guardian is appointed to care for a ward, who may be a minor or an incapacitated adult. Parents can designate a guardian for their minor children through a will or estate planning document, ensuring care for the children if both parents pass away before the children reach adulthood. If a minor's sole surviving parent is facing an inability to care for the child due to health or other reasons, they can initiate a legal process to appoint a guardian. Additionally, if a child's parents are deemed unfit, the court may appoint a guardian. For adults, guardianship is suitable when an individual cannot provide for their basic needs or manage their financial affairs due to physical or mental conditions. The guardian is responsible for the ward's daily care and financial management, but this responsibility is not permanent. It typically ends when a minor reaches the age of majority, which is 18 in Texas, or if the ward's parents regain the ability to care for the ward. For wards with special needs, guardianship may continue into adulthood. Unlike adoption, guardianship is temporary and subject to court supervision. Texas guardianship laws are detailed in the state's statutes and may differ from those in other states.
