When a special needs child turns 18 in Texas, they become a legal adult. This means that, unless a court determines otherwise, they have the right to make their own legal, financial, and medical decisions. However, some individuals with disabilities may require assistance in managing these responsibilities. In such cases, a guardianship may be necessary. But who qualifies to be a guardian under Texas law?
Legal Requirements for Guardianship in Texas
The Texas Estates Code sets forth specific qualifications for individuals seeking guardianship. To be appointed as a guardian, a person must:
- Be at least 18 years old – The guardian must be a legal adult.
- Be capable of performing guardianship duties – This means they must be mentally and physically able to care for the ward (the person under guardianship).
- Have no serious criminal history – Felony convictions or crimes related to dishonesty, abuse, or neglect may disqualify an individual.
- Not be indebted to the ward – If the potential guardian owes money to the ward, it could create a conflict of interest.
- Be a suitable person to act in the ward’s best interest – The court considers the individual’s moral character, relationship with the ward, and history of responsibility.
Priority of Who May Serve as Guardian
Texas law prioritizes certain individuals when selecting a guardian. The order of preference is as follows:
- The person designated by the proposed ward in a pre-need declaration.
- The ward’s spouse.
- The ward’s parents.
- The ward’s adult siblings.
- Any other relatives.
- A non-relative the court finds suitable.
- A private or public guardian appointed by the state.
If multiple people apply for guardianship, the court will consider the ward’s best interests when making a decision.
Co-Guardianship and Successor Guardians
In some cases, the court may appoint more than one guardian. This is known as co-guardianship, and it can be useful when two parents want to share responsibilities. However, courts often prefer to appoint a single guardian to avoid potential conflicts.
A successor guardian is a person who takes over if the original guardian is unable to continue their duties. Naming a successor guardian is important to ensure continuity of care.
Court Considerations
Even if an individual meets the legal requirements for guardianship, the court must still determine whether they are the best person for the role. The judge will examine factors such as:
- The proposed guardian’s history of providing care to the ward.
- The guardian’s understanding of the ward’s needs.
- Any potential conflicts of interest.
Conclusion
Establishing guardianship for a special needs child turning 18 is a significant decision. While Texas law provides guidelines for who may qualify, the final decision rests with the court, which will prioritize the best interests of the child. If you are considering guardianship, consulting with an experienced attorney can help ensure the process goes smoothly and that your loved one receives the protection and support they need.
Gratia specializes in providing comprehensive solutions in Estate Planning, Probate, Family Law, and Business Formation. Whether guiding families through the intricacies of estate planning, navigating the probate process, or advising on business and family law matters, Gratia ensures every client feels respected, informed, and confident. Her approach is characterized by clear communication and tailored strategies that reflect the specific needs and values of her clients.
Gratia is deeply embedded in the local area, often participating in community outreach and educational programs. She offers both virtual and in-person consultations to meet the diverse needs of her clients.
