Decatur Family Law and Probate Attorney

Guardianships are not always easy to obtain

On Behalf of | Oct 4, 2019 | Firm News, guardianships

Though parents who have children with disabilities or special needs may not love them any differently than they would their able-bodied children, they do have different details to consider. For instance, when a child with special needs turns 18, it may not be feasible for him or her to head out into the world and make sound decisions. As a result, parents may need to consider guardianships.

While not all children with disabilities or special needs require a guardian later in life, many of them do. If a Texas parent believes that his or her child will need assistance handling financial affairs and other matters, then seeking guardianship of that child even when he or she reaches adulthood may be necessary. It is important to remember that parents no longer have the automatic right to make such decisions for their children once they reach the legal age of adulthood.

If a parent wants to continue to have this ability, a court order is necessary. The parent will need to fill out the appropriate forms and file them with the court in order to request a hearing. The child will undergo an evaluation from a doctor, and the information from that evaluation will be presented during the hearing. Depending on what that information tells the judge, some level of guardianship may or may not be granted.

Though guardianships are sometimes necessary, they are not easy to obtain. These legal steps can help safeguard individuals from having their rightful abilities taken away, but they can also be difficult for parents who want the best for their children. When facing this type of ordeal, Texas parents may want to speak with legal professionals to better understand the process.