Texas Petition for Appointment of Legal Co-Guardian of Person and Estate of Minor - One Guardian Previously Appointed

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Multi-State
Control #:
US-01207BG
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Word; 
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Description

A guardianship is a legal relationship created when a person is assigned by the court to take care of minor children. Generally, to become a guardian of a child either the party intending to be the guardian or another family member, or a close friend of the family will petition the court to appoint the guardian. The guardianship of a minor remains under court supervision until the child reaches majority at 18. Local laws vary, but many courts require certain interested parties to be served with notice of guardianship hearings. Such notices often have to be served upon the person, with a sworn statement of the person making the service later returned to the court as proof of such service. In some cases, the interested party may waive the notice requirements and/or join in the petition.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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  • Preview Petition for Appointment of Legal Co-Guardian of Person and Estate of Minor - One Guardian Previously Appointed
  • Preview Petition for Appointment of Legal Co-Guardian of Person and Estate of Minor - One Guardian Previously Appointed
  • Preview Petition for Appointment of Legal Co-Guardian of Person and Estate of Minor - One Guardian Previously Appointed
  • Preview Petition for Appointment of Legal Co-Guardian of Person and Estate of Minor - One Guardian Previously Appointed
  • Preview Petition for Appointment of Legal Co-Guardian of Person and Estate of Minor - One Guardian Previously Appointed

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FAQ

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.

Powers Granted In general, the court may grant the guardian the power to make medical decisions, determine living arrangements, social settings, manage property, and handle financial affairs such as banking, investments, and expenses, including household and long-term care costs and taxes.

A guardian of the person has control over the ward's personal matters, such as housing, medical, and educational decisions. A guardian of the estate has control over the ward's property and finances. One person can serve as both a guardian of the person and of the estate.

A guardian of the person has control over the ward's personal matters, such as housing, medical, and educational decisions. A guardian of the estate has control over the ward's property and finances. One person can serve as both a guardian of the person and of the estate.

(a) The guardian of the estate must maintain and manage the ward's estate as a prudent person would manage the person's own property consistent with a fiduciary's duties and responsibilities set forth in the Texas Estates Code.

Filing for Guardianship for a Minor The application is filed in the county where the minor resides. The application typically requires you to provide basic information such as the minor's name, sex and address. You must inform the court about the degree and nature of the minor's incapacities, if any.

Your general durable power of attorney ends if the court names a guardian of your estate. Your general durable power of attorney may be suspended if the court designates a temporary guardian.

In Texas, the process to appoint a guardian includes: Filing an application with a court. Having a hearing before a judge. Having a judge appoint a guardian, if one is needed.

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Texas Petition for Appointment of Legal Co-Guardian of Person and Estate of Minor - One Guardian Previously Appointed