Quick Response To Concerns About Issues With An Impaired Senior: Look At A Temporary Guardianship

Guardianship is a simple way to ensure an incapacitated adult has the care they need to live a healthy, fulfilling life. A full guardianship is a fairly complicated and lengthy procedure, and sometimes there are situations in which immediate action is required to safeguard and protect the person and property of the incapacitated adult, referred to as a “Ward”. In these circumstances, a temporary guardianship is needed.

Below, we will explore what a temporary guardianship looks like in Texas, when it may be necessary, and how to appoint or be appointed as a temporary guardian.

1. What Is A Temporary Guardianship?

A temporary guardianship gives the guardian the immediate legal right to make choices about things like health care, education, finances, and living arrangements of the Ward.

The temporary guardianship is set up to be in effect only so long as the need for the protection of the Ward continues, if it is not an ongoing or permanent need. If the situation will be continuing or permanent, you will need to petition the court to make the guardianship permanent before the temporary guardianship period ends.

The scope of a temporary guardianship is limited compared to a full guardianship. The temporary guardian cannot make decisions that will have long-term impacts beyond the length of the guardianship period. This could include making financial investments, moving the Ward out of state permanently, or selling their home.

2. When Might An Initial Temporary Guardianship Be Necessary?

A temporary guardianship of an incapacitated adult is typically established for these particular situations:

• To get quick arrangements made to access financial resources
• To protect the Ward from improper access to the Ward’s finances
• To protect the Ward from abusive personal situations
• Consenting to urgent necessary medical treatments
• Taking care of their living arrangements, care, and daily needs

3. When Might A Temporary Guardianship Be Necessary In An Existing Guardianship?

Temporary guardianships may be needed in these situations also:

The caretaker is experiencing a medical emergency: If the original guardian suffers from a sudden medical crisis, is hospitalized long-term, or becomes incapacitated themselves, another trusted friend or family member can step up to become the temporary guardian until the caretaker recovers.

The caretaker must deploy to a location far away from the ward: Guardians in the military could be deployed overseas or to a state too far away from the ward to maintain their responsibilities.

4. How To Be Appointed As A Temporary Guardian In Texas

You must seek a temporary guardianship order to start the process. For this process, you will need to provide substantial evidence proving that 1) the proposed Ward is incapacitated, and 2) the Ward needs a guardian immediately to care fo their person, estate, or both.

You will need to file a signed and sworn application that includes:

• The temporary Ward’s contact information, including name and address
• Why the Ward’s person or estate needs immediate care
• What type of assistance the guardian will be providing
• Evidence to back up these claims
• The temporary guardian’s contact information
• The temporary guardian’s qualifications
• Contact information about the individual filing the application, and why they are filing

Once you file the application, a hearing will be scheduled within 10 days for the temporary guardian to appear in front of a judge. The proposed Ward or their attorney can file a postponement of up to 30 days.

5. When You Need To Proceed For Permanent Guardianship

The application for permanent guardianship involves the full steps set out in Texas guardianship law, including a physician’s certificate of examination, notice or service of citation on the Ward, numerous relatives of the Ward, and other interested parties. Also, an attorney ad litem must be appointed to represent the interests of the Ward and he or she must be given time to review the situation and file a report with the court on their position on the need for the guardianship.

Contact A Guardianship Attorney In Texas Now

If you would like to discuss the temporary guardianship process in Texas and whether it may be needed in your situation, schedule a free appointment with Adair Buckner now.

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* (The free consultation does not cover actual review of documents or giving legal advice on a specific situation.)

** This material has been prepared for informational purposes only, and is not intended to provide, and should not be relied on for, specific tax, legal, or accounting advice. We can only give specific advice upon consulting directly with you and reviewing your exact situation.