Full question:
I have an elderly brother who is in a nursing home. Do I have to live in the same little town to be his guardian? I am about 4 hours away?
- Category: Guardianship
- Date:
- State: Texas
Answer:
In Texas, you do not have to live in the same town as your brother to be his guardian. However, there are specific qualifications and disqualifications for guardianship outlined in the Texas Probate Code. For example, a person cannot be appointed guardian if they are a minor, incapacitated, or have a conflict of interest related to the proposed ward.
Additionally, if you are a nonresident, you must file with the court the name of a resident agent to accept service of process for any guardianship-related actions (Tex. Prob. Code § 681). This means you can still serve as his guardian even if you live four hours away, provided you meet the other requirements and follow the necessary legal procedures.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.