Guardianship in Texas

Serving Clients & Their Families in Austin, TX and Throughout Travis County

"Guardianship" refers to a body of law in which the court appoints a person or entity to care for another’s property or person. In Texas, the person or entity that is appointed by the court is referred to as a guardian (some states refer to a guardian as a conservator). Once appointed by the court, the guardian has the legal authority and duty to care for an incapacitated person referred to as a ward. In Texas, incapacitated persons are defined as either (1) a minor; (2) an adult individual who, because of a physical or mental condition, is substantially unable to provide food, clothing, or shelter for himself or herself, to care for their own physical health, or to manage their own financial affairs; or (3) a person who must have a guardian appointed to receive funds due the person from any governmental source.

In Texas, there are two basic types of guardianships: a guardian of the person and a guardian of the estate. It is also possible to be appointed as a guardian of the person and estate. Depending on the nature and severity of a ward’s incapacity and needs, the court appointing the guardian has the discretion to grant the guardian a variety of powers and authority. A guardian of the person can be vested with either full or limited authority to make decisions for their ward such as determining the ward’s residence, medical treatments, marital decisions, etc. A guardian of the estate can be vested with either full or limited authority to manage the financial and business affairs of their ward. Once a guardianship has been established, the guardian has ongoing duties to their ward and continuing responsibilities that must be fulfilled.

Our firm represents individuals in all aspects of guardianship law, such as creating a guardianship when necessary, seeking a change in the person appointed as guardian when warranted, and even disputing whether a guardianship should be created.

Determining the best course of action in a guardianship case is highly fact specific and can be determined only after appropriate investigation and consultation. If you have questions about a current or potential guardianship, please contact our office to arrange a consultation.