Seeking Guardianship for a Minor or Incapacitated Person: Who Can Serve as Guardian?

Seeking guardianship for a loved one unable to care for themselves is a legal maneuver bringing considerable power in what happens to the person needing care. That is why when you seek guardianship for an underage person, an older person, or anyone else lacking capacity, consideration of your suitability is heavily scrutinized. Here in Texas, determining guardianship is a thorough process, and often, several people may be eligible. In the end, however, some may be able to be weeded out due to certain circumstances in favor of yourself.

How does the court determine who’s suitable for being a guardian? When considering  who should be taking care of an underage child or an incapacitated adult is a heavy responsibility, numerous situations are looked at for determining eligibility.

Analyzing Who’s Unsuitable

One of the first things the court is going to look at is background and reputation behind individuals on the list. Do any of the potential guardians have a bad reputation in the family? It isn’t always a family member and perhaps someone who’s close to the underage person or ailing adult. If you or they’ve had relationship problems with the ward in the past, this could be a red flag.

It’s also possible the immediate guardian on the list is under incapacitation when the time comes they’re needed. The court will choose another on the eligible list with the same criteria. An important aspect they’ll look at is if the guardian is underage themselves or just not mature enough to handle the task.

In most cases, the court chooses two guardians, one that takes care of the person directly, and another guardian taking care of the person’s financial affairs. Before any of those decisions get made based on reputation, both guardians need full residency in the state of Texas or an agent for their role if living in another state.

We’ll help you with all the complex matters of guardianship here at Ford + Bergner LLP.

Contact us and we’ll work closely with you through the entire process and prove to the court that you’re worthy of being guardian to someone close to you.