Conservators – Rights and Duties
As we discussed in our previous blog, a conservator is a person appointed by a judge to manage the financial affairs and/or daily life of a child. This person makes decisions on behalf of the child, and each of those decisions must be made with the child’s best interests in mind.
With that being said, a conservatorship suit establishes exactly who that person is in the eyes of the court. Furthermore, conservators have a number of default rights and duties associated with a child under their control and possession. These default rights and duties can be limited (or expanded) by the court if doing so is in the child’s best interest.
Below is a chart from the Texas Family Code that details those rights and duties.
Before reading the chart, please note that in a conservatorship suit, there are two types of conservators that can be appointed by the court. They are:
Managing Conservators: A sole managing conservator is a person or entity granted certain exclusive rights to make decisions for the child. A joint managing conservator is one of two or more people who share the rights and duties of a parent, even if the exclusive right to make certain decisions is awarded to only one person.
Possessory Conservators: A possessory conservator is a person who is designated by a court as having a right to possession of a child at specified times under specified conditions, and who is authorized during periods of possession to exercise certain rights of a parent.
Conservators – Rights and Duties
| Right or duty | Managing | Possessory | ||
| Parent | Nonparent | Parent | Nonparent | |
| Have physical possession | X | X | X | X |
| Direct moral/religious training | X | X | X | |
| Designate primary residence | X | X | ||
| Consent to treatment: emergency | X | X | X | X |
| Consent to treatment: invasive medical, dental, and surgical | X | X | ||
| Consent to treatment: noninvasive medical, dental, and surgical | X | X | X | X |
| Consent to treatment: psychiatric and psychological | X | X | ||
| Receive child-support payments | X | X | ||
| Act as agent | X | X | ||
| Manage child’s estate (right) | X | X | X | |
| Receive services and earnings | X | X | ||
| Consent to marriage | X | X | ||
| Consent to joining armed forces | X | X | ||
| Act as legal representative | X | X | ||
| Make educational decisions | X | X | ||
| Access medical, dental, psychological, and educational records | X | X | X | X |
| Receive information about health, education, and welfare | X | X | X | |
| Confer on decisions about health, education, and welfare | X | X | X | |
| Consult with physician, dentist and psychologist | X | X | X | |
| Consult with school officials | X | X | X | |
| Attend school activities | X | X | X | |
| Be designated as emergency contact | X | X | X | |
| Inherit from child | X | X | ||
| Consent to adoption of child | X | X | ||
| Act under other law governing parent-child relationship | X | X | X | |
| Care for, control, protect, and discipline child | X | X | X | X |
| Support child | X | X | X | X |
| Manage child’s estate (duty) | X | X | X | |
| Report on child’s welfare | X | |||
If you would like more information on Conservators – Rights and Duties, or perhaps you have a specific question that wasn’t completely answered with the information above, give our knowledgeable staff here at Nelson Law Group, PC a call. Talking these details out beforehand can help steer your family in a more positive direction. Our staff is always available. Give us a call today. For more information on Brett A Nelson visit BrettANelson.com
