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A court order establishes the guardianship be- tween the incapacitated person and a guardian, who may be a relative, private individual, profes- sional guardian, public guardian or agency. The court order sets out expectations for the care of the person for both physical well-being and finan- cial affairs.
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.
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.
Guardianship is established to protect and make decisions on behalf of individuals who cannot make their own decisions, while conservatorship deals specifically with child custody and the rights and responsibilities of parents or individuals regarding a child's care.
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.
As of September 1, 2015, Section 1104.402 of the Texas Estate Code requires that a criminal history record be obtained by the County Clerk.
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. Only a licensed attorney may represent the interests of the proposed ward. The Process: Your attorney will file an application for guardianship with the county court.
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.