Temporary guardianship is typically established for a finite period of time for a specific purpose. Guardianships are designated to allow a person to provide care and management of another person’s financial, medical, personal and property concerns when that person is either declared incompetent or is a minor, such as in cases of temporary custody.
Unlike guardianship agreements that are established for an indefinite period of time, temporary agreements terminate after the assigned time period expires. In Dallas County, a temporary guardianship is limited to just 60 days.
Common Reasons for Temporary Guardianship
Temporary guardianship can be put into place for a multitude of reasons. The ultimate goal of such agreements is to provide quality care for a child – temporary custody, for example – or other person unable to care for himself or herself in the absence of a parent or other original caregiver.
Some common reasons for a temporary guardianship might be established include the following.
- Emergency situations – When a caregiver experiences an unexpected occurrence such as an accident or disabling injury and is unable to provide care for a child or other person, a temporary guardian can be assigned to step in until the caregiver is able to return to normal caregiver duties. Sometimes the court will assign guardianship if a caregiver is incapacitated and unable to make decisions, and sometimes the caregiver can assign a family member or friend to be the temporary guardian.
- Incompetence or incapacitation – If an adult suddenly becomes unable to care for himself or herself, a temporary guardian may be assigned to protect the interests of that person until he or she is able to once again make decisions regarding personal, financial or medical matters.
- Substitution – If a parent or caregiver must travel for an extended period of time, or is incarcerated, there could be a temporary guardian appointed to care for that person’s child(ren).
Terms of Temporary Guardianship
Once a temporary guardianship is legally executed, the guardian has the authority to make decisions for the child or other individual. The guardian can legally do the following on behalf of his or her charge.
- seek medical care.
- make financial decisions.
- make decisions regarding property matters.
- and, manage all personal affairs.
The guardian will often live with the child in the child’s home or will take the child to his or her home for the duration of the guardian or temporary custody agreement.
In some cases, the guardianship will be monitored by the court to ensure that proper care is provided. A parent may initiate the temporary guardianship arrangement and wish to select the guardian.
But the court must appoint a qualified guardian and must approve any recommendations. Unless a guardian is court-appointed, it is not legal under the law.
Consult a Lawyer about Temporary Guardianship
An attorney who specializes in family law may be very helpful if you wish to seek temporary guardianship of a child or incapacitated adult. Further, Texas requires that individuals who are acting on a third-party’s behalf – such as a guardian – have legal representation.
An attorney can advise you of your rights and streamline the process to ensure that all parameters for the guardianship meet your needs and fully protect the interests of the child. If you have questions about a temporary legal guardianship in Texas, call Warren & Migliaccio to review your case. Call 888-584-9614 to schedule a free consultation or use our online contact form.
