A guardianship can be reversed or terminated in Texas. In fact, all guardianships in Texas are required to have a court review every year. In the course of this annual review, the court determines whether the guardianship should be continued, changed or terminated. The only exception is guardianships that have been created for the sole purpose of allowing the ward to receive funds from a government source.
Texas has a Ward’s Bill of Rights which gives wards the right to petition a court to change their guardianship. A ward may ask a court to appoint a new guardian, to change the terms of the guardianship, or even to terminate the guardianship.
What Is a Guardianship Agreement?
A guardianship agreement is a legal document that defines how the parties are to transfer care and responsibility for a person referred to as a “ward” to another person, who is the “guardian.” Guardianships are established for both children and adults under a variety of circumstances. Parents may draft a guardianship agreement to provide adult care and supervision for their minor children in case the parents become unable to care for their child themselves, e.g., they pass away.
Sometimes a guardianship is provided for in the parents’ will. But it can be a stand-alone document as well. Guardianships are also often created for adults who have a mental disability or are otherwise incapacitated and cannot manage their affairs.
And what is a guardianship? A guardianship is a legal relationship that must be ordered by a court with the exception of the voluntary guardianship of a child, discussed below. In a guardianship, one adult, the guardian, as noted above, is granted the right and the authority to make decisions for another person, the ward. The ward might be a minor child under the age of 18 whose parents are unable to give them the care and support the law requires of parents.
Or the ward might be an adult who has become incapable of caring for themselves. A guardianship gives control of a person’s life to another adult designated by a court. Guardianships may become necessary because of the ward’s age, disability, or injury.
Any individual who has turned 18, when a person becomes an adult in Texas, can be appointed as the guardian of a child. But there is more to it, of course. The individual must also be able to provide the proper care and support for the child, including financial support. They must also have the capacity to make legal decisions on the child’s behalf.
Generally speaking, a guardian is a person who is either a family relative or a close friend of the ward or the ward’s parents. In cases where a court must appoint an unrelated person, they will often choose someone who has been recommended by a state child welfare program.
A voluntary guardianship of a child is a legal option in Texas. This would be a short-term guardianship created by a private agreement to which the child’s parents are parties. It would not require a court’s approval. It would be an option in certain limited circumstances as follows:
- It would last for no more than 6 months.
- The parents must both sign and notarize the short-term guardianship agreement. Only one parent needs to sign it if the other parent is deceased, unknown, has no legal rights, or has had their rights terminated.
- If the child is 14 or older, the child would sign the agreement also.
If all of these conditions are met, a temporary and voluntary guardianship may be established without going to court.
How Does the Court Decide Whether or Not To Reverse a Guardianship Agreement?
When considering a petition to terminate, or grant revocation of a guardianship, the court keeps the best interests of the ward at the center of its deliberations. It carefully considers the current and future of the ward.
In addition, a court would carefully consider the nature of the guardian’s responsibilities and evaluate the guardian’s past performance. Then, again, in the final analysis the court would have to decide that the termination of the guardianship serves the best interests of the ward. This process reinforces the important role that a probate court plays in managing the rights and welfare of those under guardianship.
If in the beginning, the guardianship was established on the basis of a medical or psychological assessment, when asked to end the guardianship, the court would probably require a new evaluation. The court would want up-to-date information about the current capacity of the ward and whether terminating the guardianship would be justified by new assessments.
- Court Hearing: A court holds a hearing on a petition to end a guardianship where the parties present evidence and arguments. Again, the court assesses whether ending the guardianship serves the ward’s best interests.
- Court Order: After reviewing the evidence and hearing arguments from all the interested parties, including the guardian, the court decides whether the grounds for termination of a guardianship are present. A court would especially weigh such factors as the ward’s current capabilities, their needs, and any risks that might be posed by termination.
The court also examines the performance of the guardian in order to evaluate whether they have always acted in the ward’s best interests. If the court concludes that termination is in the ward’s best interests, it issues an order ending the guardianship.
If an unmarried ward passes away, the guardianship would be terminated, because it no longer serves its original purpose. If the ward is a minor who has reached the age of 18 and is otherwise fully capable of caring for themselves, again, the guardianship would be terminated. It is no longer necessary.
And if a ward has clearly regained the capacity to care for themselves, can manage their own affairs, especially their financial affairs, and does not receive funds from any government source, the guardianship would be terminated.
Following a court’s decision terminating a guardianship, all interested parties, including government agencies and institutions, must be informed about the termination.
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How Can I Get My Child Back From Guardianship?
The key factor in terminating the guardianship of a minor is whether the child’s parent or parents have successfully rehabilitated themselves and emerged from the situation that caused them to become characterized as “incapacitated parents.” The parent is reappointed as guardian when their rehabilitation has been completed and they are capable of resuming their role as parent and regaining parental rights.
What a person never wants to do is to try to use self-help methods to end a guardianship or remove their child from the care of their legally-appointed guardian. That is because interference with child custody in Texas is a criminal offense that can lead to jail time if a perpetrator is convicted. If a parent is dissatisfied with the legal status of their child with respect to custody or a guardianship, they want to go to court for a solution.
What Are the Steps To Reverse a Guardianship Agreement?
The steps in terminating a guardianship should be preceded by the guardian and other interested people assessing whether there is a good reason to end the guardianship. A ward’s disability may have been remedied by the passage of time or medical treatment. The ward may now have an improved ability to make decisions for themselves and especially to manage their financial affairs, if the ward is an adult.
When seeking to end a guardianship, a guardian or other interested person probably wants to have a lawyer consultation with a Texas lawyer, especially one experienced in guardianship cases. The guidance of an experienced attorney would be helpful in understanding the legal requirements for obtaining the desired court action and the procedure for reaching that goal.
The first step would be filing a petition with the court that ordered the guardianship. The petition should state the reasons for which termination is sought and present the evidence that supports it.
How Long Does It Take To Terminate Guardianship?
It is impossible to say as every case is unique; however, generally, the termination of a guardianship would take several months.
Do I Need a Lawyer To Reverse a Guardianship Agreement?
If you need to terminate a guardianship, you need to consult a guardianship lawyer in Texas. LegalMatch.com can quickly connect you to a lawyer who can review your case and advise you on the best pathway to seek termination of a guardianship.
