Conservatorship Versus Guardianship Withdrawal
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FAQ
An interested person may file petition for emergency guardian/conservator and court may appoint if it so finds that appointment is likely to prevent substantial and irreparable harm; no one else has authority or willingness to act in the circumstances; and there is reason to believe a guardian/conservator is necessary.
A guardian or conservator will be responsible for either the financial or day-to-day decisions on behalf of the incapacitated adult or child. The guardian ad litem, on the other hand, only serves for limited amount of time.
An interested person may file petition for emergency guardian/conservator and court may appoint if it so finds that appointment is likely to prevent substantial and irreparable harm; no one else has authority or willingness to act in the circumstances; and there is reason to believe a guardian/conservator is necessary.
In guardianship, the court (clerk of superior court) decides who will be responsible for managing a person's affairs and/or property. The court could appoint a non-family member as a guardian.
Unlike conservatorship which is governed by the Texas Family Code and whose proceedings take place in the district court, guardianship takes place in county court and is governed by the Texas Estates Code. Additionally, guardianship is not limited to children.