281-771-0560Temporary Guardianship Attorneys in Pearland, TX
Assisting Families With Sensitive Matters During Difficult Times
Sometimes, guardianship is necessary. When a minor child does not have a reliable parent to help with their day-to-day life, they may need an adult who can care for them and make sure their basic needs are met in the absence of natural guardians. An incapacitated adult may need the assistance of a guardian to ensure their medical needs are being fulfilled and their comfort is certain.
Sometimes, guardianship can be too much for a given situation. Perhaps a child only needs a legal guardian to care for them while their parent recovers from an intensive medical procedure. Or, an adult is temporarily incapacitated and unable to care for themselves, but permanent guardianship is too much for their situation.
What is Temporary Guardianship?
Guardianship is a court-appointed legal relationship where an individual is appointed as the legal guardian for another person, called their ward. The guardian assumes authority to make decisions on behalf of their ward. Their decision-making power will be defined in the guardianship order of appointment as specifically directed by the probate judge. This may happen for an adult who suffers from a mental or physical deficiency and needs protection.
Temporary guardianships are basically the same thing as regular guardianships, with the main difference being the necessity of urgency and the limited duration of the appointment. Temporary guardianships often last only 60 days, while regular guardianships can be indefinite.
Temporary guardianships can be granted for both minors and incapacitated adults.
How do Temporary Guardianships Differ from Regular Guardianships?
The primary difference between temporary guardianships and guardianships is the duration of the appointment. The probate court may grant temporary guardianship when the immediate need for care and guidance is present, and the appointment of a permanent guardian can not be achieved quickly. This allows the ward to either regain their own decision-making powers at the end of the period or be cared for by a temporary guardian until a more permanent solution can be found. The order of appointment will automatically expire on a specified date unless the court chooses to extend the arrangement.
Permanent guardians may assume the authority of all decision-making powers regarding their ward. They can make decisions regarding their finances, living conditions, medical treatments, and more. The courts tend to limit the scope of authority a temporary guardian assumes control of.
The court may choose to grant the guardian limited decision-making power over their ward’s medical decisions and financial management. The guardian may be allowed to govern their ward’s day-to-day care and short-term decisions regarding their placement. The temporary guardian is granted the power to protect their ward from immediate danger or harm.
Temporary guardianships are usually granted in urgent situations where the ward will only need assistance for a limited amount of time or until a person may be appointed to serve permanently.
What Responsibilities Does the Guardian Assume?
The court will outline which decision-making powers the guardian gains control of and what their required responsibilities will be.
The guardian will be required to do the following:
Make Certain Decisions for Their Ward
Courts usually limit the guardian’s authority in temporary guardianships of adults. The guardian may be able to assume control of the ward’s medical treatments, or they may only have control over the ward’s financial matters, but not their personal matters.
When appointed as the guardian for a minor, the guardian assumes the role a parent would normally have. They will make all financial, medical, and educational decisions for their ward while they are in their care. These powers may be limited to the scope of the temporary guardianship; the guardian won’t be able to make long-term decisions for their minor ward.
Act in the Ward’s Best Interest
The probate court is most concerned with the ward’s well-being. The guardian must have the capacity to provide the care their ward needs.
Reporting Requirements
The probate court may require the ward to submit updates regularly during the guardianship. They may also require the guardian to get court permission before making certain decisions, such as expensive purchases or selling the ward’s personal property.
The court will want to know when any significant actions are taken by the guardian.
How Can a Temporary Guardianship Be Terminated?
Temporary guardianship automatically ends after the court-designated end date unless renewed. The guardian may be able to request an extension if they do not believe their ward is ready to care for themselves.
If long-term care is needed and a permanent guardian is found, the court may revoke the temporary guardianship early.
If the parent or parents of a minor child ward regain the ability to manage their child’s affairs or an incapacitated person can care for themselves again, the court will revoke the guardianship agreement. Likewise, the court may revoke guardianship if there is a concern about the guardian’s ability to perform their duties.
What Are Some Challenges in Temporary Guardianship Cases?
Many of the same complications found in regular guardianships are also present in temporary guardianships. Relatives may disagree on who should be granted guardianship. The courts may not grant guardianship if there isn’t clear evidence that it is necessary or in the best interest of the ward.
While obtaining temporary guardianships is quicker than filing permanent guardianship cases, legal fees, court processes, and time can become an issue. The paperwork may be difficult to understand, and it will take legal experience to file it properly.
Disagreements about when a temporary guardianship should be extended or ended are unique issues with temporary guardianships. Courts may also be hesitant to grant the guardian too much power over their ward and may restrict what powers the guardian gains through guardianship.
Do You Need a Probate Lawyer?
If you are seeking emergency or temporary guardianship of another person, whether they are a minor or an incapacitated adult, you are doing so because you are concerned for their immediate well-being.
The temporary guardianship process is expensive and complex, and can take more time than you think. Having an experienced attorney who understands this and other guardianship processes can significantly lighten the load.
The Hatchett Law Firm wants to help you with your temporary guardianship case. With our guidance, you will understand the process and your responsibilities. Should permanent guardianship become necessary, we can help you with that, too.
Don’t hesitate; we are here to help you and your family. Contact us to speak with a member of our team: (281) 214-6541.