TEMPORARY (EMERGENCY) GUARDIANSHIPS

Sometimes a situation arises where an immediate guardianship is needed urgently, rather than waiting for the full legal process to play out. Temporary or emergency guardianship in Texas is a short-term guardianship designed to protect a person in imminent danger or to address urgent needs. For example, if a child suddenly loses both parents in an accident, a relative may seek temporary guardianship to quickly take custody of the child. Similarly, if an elderly parent suffers a sudden health crisis and can no longer make decisions, a court can appoint a temporary guardian to make immediate medical and safety decisions for them.

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A temporary guardianship is limited in duration. In Texas, a temporary guardianship order is typically effective for no more than 60 days. This short timeframe is intended to cover the emergency period. During that time, the temporary guardian has whatever authority the court grants – usually focused on preventing immediate harm and taking care of pressing needs. The court will schedule a full hearing to determine if a permanent guardianship is warranted, or if the ward’s situation improves such that a guardianship is no longer necessary. In some cases, if the emergency continues, the court may extend the temporary guardianship or convert it into a permanent guardianship after further evaluation.

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It’s important to understand that even for a temporary guardianship, you must petition the court and show evidence of the emergency. The court will only grant an emergency guardianship if there is a substantial risk of imminent harm to the person or their property without an immediate guardian in place. Once a temporary guardian is appointed, they can act right away to handle the crisis – for instance, consenting to emergency medical procedures or securing the ward’s home and assets. When the temporary guardianship period ends, the authority of the temporary guardian also ends unless a further court order is made.