Legal Question in Family Law in Texas

Conservativeship vs Guardianship

I live in texas, and my 17 year old niece has left home and moved in with me. She will be 18 the first of next year. Her parents are not happy about it, but I think they would be willing to give me guardianship. I need to add her to my ins. within the next 30 days and be able to seek medical care. An attorney suggested a conservativeship since she will be 18 soon and guardianship can be costly for such a short period of time. ANY SUGGESTIONS?!?! And what is a conservativeship vs Guardianship?


Asked on 11/11/08, 2:09 pm

1 Answer from Attorneys

Patricia F. Bushman BUSHMAN LAW OFFICES

Re: Conservativeship vs Guardianship

I'm not sure either option is cost effective if she is going to be 18 in a few months. Conservatorships are expensive, too, especially if there is no agreement between the parties.

Guardianships are through the Probate Courts and aimed at orphans or incapacitated persons. Any authority conferred by a Guardianship would end at age 18. Conservatorships are through the Family Courts and aimed at delineating rights & duties and possession & access for minor children. Since your niece has living parents, no Probate Court I know of is going to want to have anything to do with this.

Can she stay on her parent's insurance? If she can't, it might be cheaper just to get her a policy of her own rather than go through the expense of either a conservatorship or guardianship just to get her on yours. I don't think a guardianship could be done in less than 30 days, and depending on the Court's schedule in your area, it might not even be possible to get an uncontested conservatorship done.

A power of attorney giving you the right to put her in school and make school decisions and a power of attorney giving you the power to make medical decisions would probably cover things until she turns 18.

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Answered on 11/11/08, 3:23 pm


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