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Texas Order Granting Mother's Application for Authority to Sell Minor Child's Interest in Real Property

State:
Texas
Control #:
TX-C261
Format:
PDF
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Order Granting Mother's Application for Authority to Sell Minor Child's Interest in Real Property
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FAQ

About guardians In Texas, a person does not have a guardian until an application to appoint one is filed with a court, a hearing is held and a judge appoints a guardian. When the court appointment is made, the person the guardian cares for becomes a ward of the court.

Costs and Timeframes Once you file your completed paperwork, it usually takes about 30 days for the court to decide if they will grant guardianship. Lawyer and court costs are generally $2,000 to $5,000, depending on where you live in Texas and how hard it is to get the guardianship completed.

There is no suitable alternative to guardianship. How do I become a guardian? You must hire an attorney. You have a right to represent yourself in court, but you do not have the right to represent another person.

You must also take into consideration alternatives to becoming a legal guardian for your loved one, family or friend. Another important step you must make is verifying whether or not your prospective ward is eligible for a guardianship. You then have to determine if you are eligible to become a Guardian.

In most cases, power of attorney is preferred to legal guardianship because more control is retained by the person being protected. However, if court supervision is needed, guardianship may be more appropriate. Guardianship also gives the guardian court-ordered authority that third parties, like banks, must recognize.

The easiest path towards your becoming the guardian to a child in your life is to have the parents of the child grant you guardianship. They can provide you with a written statement wherein they state that they have vested you with all of the rights, duties and privileges of a guardian over their child.

A power of attorney is a private way to decide who will have the legal authority to carry out your wishes if you can no longer speak or act for yourself. It is less costly than a guardianship, which is a public proceeding and the person appointed as your guardian may not be the person you would have chosen.

Filing an application with a court. Having a hearing before a judge. Having a judge appoint a guardian, if one is needed.

A guardianship order allows someone to make ongoing decisions on behalf of an adult with incapacity, like paying bills, dealing with bank accounts, or making decisions about care and personal welfare matters.

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Texas Order Granting Mother's Application for Authority to Sell Minor Child's Interest in Real Property