Lone Star Legal Aid Assists Caring Grandmother With Conservatorship

When Liza’s daughter and four grandchildren came to live with her in 2024, it was out of deep concern for their safety. Her daughter had left an abusive relationship and was diagnosed with a brain tumor on the left side of her head. According to her doctors, the injury may have been caused by being hit in the head by the children’s father, who is currently confined to a mental health facility in another state. 

With her daughter too sick to care for the children, Liza became their primary caregiver. She has been taking them to school, making sure they have food and shelter, and helping with everyday needs. But when it came to medical appointments, school decisions, or obtaining medication, Liza found herself stuck. Under Texas law, a caregiver cannot make those decisions for a child unless they have legal authority to do so.

That’s when Liza reached out to Lone Star Legal Aid for help. Attorney Jose Gonzalez met with her to understand what was happening and explain the legal red tape in plain language.

Under Texas law, someone like Liza would normally use a caregiver authorization agreement to get limited rights to make decisions for a child. But because Liza’s daughter had become incapacitated, she could no longer sign legal documents on her daughter’s behalf. That left only one viable option: filing a Suit Affecting the Parent-Child Relationship (SAPCR) to seek conservatorship of the children. A conservatorship would give Liza the legal authority to take the children to the doctor, enroll them in school, and make other important decisions for their benefit. 

Gonzalez explained that to start a lawsuit for conservatorship, the children’s legal parents must be notified so they can respond. The mother is incapacitated, and the father’s exact whereabouts are unknown — a problem that could make serving him with legal notice difficult. Gonzalez walked Liza through the legal alternatives, including service by publication, which is allowed when a parent’s address can’t be found. However, that too carries its own challenges: if the father is served by publication and does not respond, Texas law requires the court to appoint an attorney ad litem to represent his interests.

Even with these obstacles, Gonzalez told Liza that her case had strength. The children had lived with her for more than three years, she had acted as their primary caregiver, and the father’s serious mental health challenges raised concerns about the children’s safety and wellbeing.

Throughout this process, Gonzalez helped Liza prepare for the next legal steps. He reviewed the case file, conducted a phone conference with her to prepare for upcoming hearings, and researched related legal issues, such as questions about how the court treats a parent confined to a mental health facility. Gonzalez also drafted and filed key documents with the court, including proposed orders, a certificate of last-known address, a military status affidavit, and child support reporting forms, ensuring Liza’s case was ready for the judge’s review.

For Liza, navigating the legal system was initially overwhelming. With the support from Lone Star Legal Aid and guidance from Gonzalez, she now understands what needs to be done to secure a conservatorship and protect her grandchildren’s future. Her goal is simple: to provide a safe, loving home where the children can see doctors when they’re sick, attend school without worry, and have an adult with the legal authority to make decisions in their best interest.

If you are facing similar challenges with caring for a loved one’s children and need help understanding your legal options, Lone Star Legal Aid may be able to assist. Our attorneys are committed to helping families find solutions during difficult times.

*Name(s) have been changed to protect the client’s identity. 

Lone Star Legal Aid (LSLA) is a 501(c)(3) nonprofit law firm focused on advocacy for low-income populations by providing free legal education, advice, and representation. LSLA serves millions of people at 125% of federal poverty guidelines, who live in 72 counties in the eastern and Gulf Coast regions of Texas, and 4 counties in Southwest Arkansas. To learn more about Lone Star Legal Aid, visit our website at www.LoneStarLegal.org. 

Media contact: media@lonestarlegal.org