What is the difference between a temporary guardianship and a permanent guardianship?
A temporary guardianship may be created without notice to the ward if the court has probable cause to believe that the incapacitated minor or adult person requires the immediate appointment of a guardian, without a formal doctor’s letter or hearing. There must be a hearing after notice within 10 days of the creation of the temporary guardianship. The temporary guardianship generally can not continue for more than 60 days. Changes to Texas Probate Code §875, effective September 1, 2003, require a hearing in Harris County Probate Court No. 2 before a temporary guardianship can be granted. To initiate a temporary guardianship, the following must occur: • A sworn application must be filed with the County Clerk. • The attorney for the applicant should immediately contact the guardianship coordinator of Probate Court No. 2, if the case is assigned to that Court, to schedule a hearing. • The attorney should provide an order setting the hearing and appointing an attorney ad litem for the alleg