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Dallas Guardianship Attorneys Search for: What Is a Declaration of Guardianship? A Declaration of Guardianship is a legal document that indicates your preference to the court regarding who you want to serve as guardian if there is ever a guardianship proceeding for you.

The parent or guardian does not need to go to court, but the agreement must be in writing. The agreement must be signed and witnessed by at least 2 people who are at least 18 years old. A witness cannot also be the person trying to be the short-term guardian.

The grounds for the appointment of a guardian over the person or property, or both, of a minor are the following: death, continued absence, or incapacity of his parents; suspension, deprivation or termination of parental authority;

Fill out your forms Petition for Appointment of Guardian of the Person (Form GC-210(P) | video instructions ) if you are asking for guardianship of the person only, ... Guardianship Petition--Child Information Attachment (Form GC-210(CA )) Notice of Hearing--Guardianship or Conservatorship (Form GC-020 )

In Texas, only one person may be appointed as guardian of the person or estate, but one person may be appointed guardian of the person and another person may be appointed guardian of the estate if it is in the best interest of the incapacitated person or ward.

This declaration states the names of the parents of the child, that they are unmarried and that they agree that the father should be appointed as a joint guardian. If there is more than one child, a separate statutory declaration should be made for each.

When Guardianship Is No Longer Necessary. Ending a guardianship because the ward is no longer incapacitated requires filing a petition with the court, asking a judge to terminate the legal arrangement. Either the guardian or another interested party can do this.

The Ward's Bill of Rights states that a ward has the right to ask the court to change their guardianship, appoint a different guardian, or have their legal capacity restored and end the guardianship. To do so, they must file a petition with the court.

The child, the guardian or any third party can make an application to the court to have the guardianship reversed. Guardianship agreements can only be reversed by the court who have the power to terminate the agreement. The court will only reverse the agreement where doing so is in the best interests of the child.

Asking a Judge to end the Guardianship The person who wants to end the guardianship will have to file some forms, set a court hearing, and serve the guardians and all other relatives so a judge can hold a hearing and decide whether the guardianship is still needed.