Guardianship for minor children comes into play when a child’s parents are unable to care for them or are no longer living. Parents are the natural guardians of their own children, but if both parents are deceased, incapacitated, or have had their parental rights terminated, a court can appoint a guardian of the minor to step in and provide for the child’s needs. In Texas, courts will appoint a guardian for a minor if it is in the child’s best interest, such as in situations of orphaned children or where parents cannot care for the child due to illness, disability, or other serious circumstances. The guardian of a minor assumes legal responsibility for the child’s care and upbringing until the child turns 18 (at which point the guardianship automatically terminates as the child becomes an adult).

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The responsibilities of a guardian for a minor child are comprehensive. The guardian must ensure the child has proper food, clothing, and shelter, access to education, and appropriate medical care. In essence, the guardian steps into the shoes of a parent – making day-to-day decisions to nurture and protect the child. If the guardianship includes managing the child’s finances (known as guardianship of the estate), the guardian must also handle the child’s money or property prudently and in the child’s best interest. It’s important to note that appointing a guardian for a minor does not necessarily permanently sever the rights of the parents; unless a court has terminated parental rights, parents may still have the right to visitation or involvement as allowed by the court. The guardian’s role is to ensure the child’s well-being and stability in the absence of able parents.

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Example: A common scenario for minor guardianship is when grandparents or other relatives seek legal guardianship of a child whose parents have passed away or are unable to care for the child. By obtaining a court-appointed guardianship, the guardian can enroll the child in school, consent to medical treatment, and manage any inheritance or benefits for the child without legal hurdles.