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Commonly Asked Questions about US Guardianship Laws

(Learn how and when to remove this message) A legal guardian is a person who has been appointed by a court or otherwise has the legal authority (and the corresponding duty) to make decisions relevant to the personal and property interests of another person who is deemed incompetent, called a ward.
If the person is unable to care for your child, he said, who is the backup choice? A best practice is to list a guardian and then at least one alternate, he said. There is no limit to the number of potential guardians you can list but Froum said no more than three people are typically listed, in successive order.
The role of godparent is religious while the role of guardian is legal. Thus, a godparent is not automatically a guardian if the parents die. But a parent can take steps to designate a godparent as guardian. The role of godparent is a religious role, not one established by our legal system.
Guardians can be family members, friends, professionals working at for-profit and non-profit entities, and lawyers, among others.
There are an estimated 1.3 million older adults and people with disabilities in guardianships, which are legal relationships created when a court determines that a person is incapable of making important decisions on their own.
Guardianship is the appointment by a court of a person or entity to make personal and/or property decisions for an individual whom the court finds cannot make decisions for themselves. These may be decisions about an individuals property, personal affairs, or both.
Guardianships typically cannot last past a childs 18th birthday. Allowing guardianships for youth 18 to 20 years old is a special process just for young adults seeking special immigrant juvenile status in federal immigration court.
In Texas, only one person may be appointed as guardian of the person or estate, but one person may be appointed guardian of the person and another person may be appointed guardian of the estate if it is in the best interest of the incapacitated person or ward.