Sometimes there is no time to wait. A parent with advancing dementia is wiring money to a stranger. An adult son with a brain injury is about to be discharged from a San Antonio hospital with no safe place to go. A widowed aunt in Canyon Lake has stopped eating and is refusing all help. In situations like these, a regular guardianship case can take too long. Texas law offers a faster tool: the temporary guardianship, and New Braunfels and Comal County families can use it when the danger is real and close at hand.
As guardianship attorneys serving New Braunfels families, we see these emergencies often. This page explains what a temporary guardianship is, when a Comal County court may grant one, how the process works, and what comes after the emergency passes.
What a Temporary Guardianship Is
A temporary guardianship is a short-term court appointment governed by Chapter 1251 of the Texas Estates Code. It gives a guardian limited, specific authority to deal with an urgent problem while the court considers whether a longer-term arrangement is needed.
The key word is limited. A temporary guardian does not automatically receive every power a permanent guardian would have. The judge’s order lists exactly what the temporary guardian may do, such as:
- Consenting to medical treatment or a change in care
- Arranging admission to an appropriate facility
- Freezing or securing bank accounts to stop ongoing exploitation
- Collecting income and paying urgent bills
- Preventing the sale or transfer of a home or vehicle
The temporary guardian can do only what the order allows. If a new problem comes up, the order may need to be expanded.
The Legal Standard: Imminent Danger
A Texas court will not appoint a temporary guardian just because a family is worried. The applicant must show, through a sworn application and evidence at a hearing, that there is substantial evidence the person may be incapacitated and probable cause to believe the person, or the person’s estate, faces imminent danger that requires immediate action.
“Imminent” means the harm is likely soon, not someday. Here are some examples of the kinds of facts courts tend to take seriously:
| Type of danger | Example facts |
|---|---|
| Physical health | Refusing life-sustaining care while unable to understand the consequences; unsafe living conditions; wandering at night |
| Financial | Large unexplained withdrawals; a new “friend” added to accounts; pending sale of a home far below value |
| Placement | A hospital ready to discharge a patient who cannot consent to a safe placement and has no agent to act |
| Abuse or neglect | A caregiver who isolates the person, withholds medication or takes their benefits |
General decline, while painful to watch, is usually not enough by itself. The court wants specific, recent facts.
How the Process Works in Comal County
Guardianship cases are filed in the county where the proposed ward lives. For most of our clients, that is Comal County, though a New Braunfels address on the east side of town may fall in Guadalupe County. Probate and guardianship matters in Comal County are handled through its county court system. You can read more on our Comal County guardianship page.
Step 1: Gather evidence of the emergency
Before filing, we collect what we can: a doctor’s letter or records, bank statements showing suspicious activity, Adult Protective Services contacts, photos of living conditions, and notes from family members who have seen the problems firsthand. A physician’s evaluation is important. In a full guardianship, Texas requires a Certificate of Medical Examination, and in a temporary case the court will want medical support for the claim of incapacity as well.
Step 2: File a sworn application
The application must be sworn and must describe the specific danger, the powers requested, and the reasons the applicant should serve. It is usually filed together with an application for a permanent guardianship, or right after one.
Step 3: The court appoints an attorney ad litem
As soon as the temporary application is filed, the court appoints an attorney ad litem to represent the proposed ward. This lawyer’s job is to protect the person’s rights, not to help the family win. Expect that lawyer to visit the person and ask hard questions.
Step 4: Notice and a prompt hearing
The proposed ward and their attorney ad litem must receive notice of the application and the hearing. Texas law sets a short timeline for the hearing, typically within days after a hearing is requested. The proposed ward has the right to attend, to present evidence, and to be represented by counsel.
Step 5: The order and qualification
If the judge grants the application, the order will name the temporary guardian and spell out their powers. Before acting, the temporary guardian must qualify, which normally means taking an oath and posting any bond the court sets. Once qualified, the clerk issues letters of temporary guardianship. Banks, hospitals and facilities will ask to see those letters.
How Long It Lasts
A Texas temporary guardianship generally ends after 60 days. There are a few important exceptions:
- If a permanent guardianship application is contested, the temporary guardianship can remain in place until the contest is resolved.
- The court may extend the temporary appointment in some circumstances when the permanent case is still pending.
- The court may end it early if the danger passes or the person shows they do not need a guardian.
When the temporary guardianship ends, the temporary guardian must account for what they did, including any money they handled, and turn property over to whoever is entitled to it.
Common Mistakes to Avoid
Families acting in a crisis understandably want to move fast. A few missteps can slow things down or damage your credibility with the court:
- Asking for more power than the emergency needs. Judges are cautious about taking rights away. A narrow request tied to the real danger is more likely to be granted.
- Skipping alternatives. If your parent already signed a valid medical or financial power of attorney, the agent may be able to act right now without a court case.
- Taking control without authority. Moving money “to keep it safe” before you have letters can create problems later, even with good intentions.
- Ignoring family dynamics. If a sibling is likely to object, plan for a contested guardianship. The temporary hearing may become the first round of that fight.
- Forgetting the long term. The 60-day clock runs quickly. Prepare for the permanent case from day one.
Temporary Guardianship for Minors
Most temporary guardianship cases involve adults, but the same chapter can apply to a child. That is uncommon, because parents are a child’s natural guardians, and disputes over a child’s care usually belong in a family law case for conservatorship. A temporary guardianship for a minor can still come up when a child receives money and no one has authority to protect it, or when both parents are unavailable and urgent decisions must be made. Our guardianship of a minor page explains the options.
After the Emergency
Once the immediate danger is under control, the case moves to the bigger question: does this person need a permanent guardian, and if so, with what powers? The court must consider whether alternatives and supports would work instead. Our overview of the guardianship process walks through what happens next, including the medical certificate, the attorney ad litem’s investigation, and the final hearing.
Sometimes the temporary order gives the family enough breathing room to put a less restrictive plan in place. If the person can still sign a power of attorney once they are safe and stable, that may make a full guardianship unnecessary.
Talk With a New Braunfels Guardianship Lawyer
If someone you love in New Braunfels or anywhere in Comal County is in danger right now, call New Braunfels Family Law at (830) 302-4071. We will listen, help you decide whether a temporary guardianship is the right tool, and explain what evidence you need. Consultations are free by phone, video or in person, and we serve families throughout Comal, Guadalupe, Hays and Kendall counties. Se habla español.
Frequently Asked Questions
How fast can a temporary guardian be appointed in Texas?
Texas law moves temporary guardianship cases on a short track, and a hearing is usually set within days of the motion rather than weeks. The exact timing depends on the court’s calendar, how quickly the proposed ward can be served, and whether the evidence of danger is ready. Calling us early gives you the best chance of moving quickly.
How long does a temporary guardianship last?
A temporary guardianship in Texas generally expires after 60 days. If someone contests a permanent guardianship application, the temporary appointment can continue until that contest is decided, and the court may extend it in some situations. It is meant as a bridge, not a long-term solution.
Can a hospital or nursing home ask for a temporary guardian?
Facilities sometimes push families to get one, especially when a patient cannot consent to discharge or placement. The application itself is filed by an interested person, often a relative. Before filing, it is worth asking whether an existing medical power of attorney or the Texas surrogate consent rules already solve the immediate problem.
Does the person get a lawyer in a temporary guardianship case?
Yes. The court appoints an attorney ad litem to represent the proposed ward as soon as a temporary application is filed. That lawyer meets with the person, explains the case, and tells the judge what the person wants. Learn more on our attorney ad litem page.
Do I still need to file for a permanent guardianship?
Usually, yes. Most temporary applications are filed together with, or quickly followed by, an application for a permanent guardianship. If the crisis resolves or a less restrictive option works, the permanent application may be dismissed instead.
Last reviewed November 13, 2026. General information only, not legal advice.