Skip to content
What a Guardian Does in Texas
A guardian is responsible for ensuring the ward’s safety, well-being, and financial security. The court defines the exact scope of authority in each guardianship order. In every case, a guardian must act in the ward’s best interest and comply with the court’s instructions.
Guardian of the Person
This type of guardian makes decisions about the ward’s personal life. These include living arrangements, healthcare, education, and daily care.
Guardian of the Estate
This role focuses on financial matters. Duties include managing money, paying bills, protecting assets, and making responsible investment decisions.
Full Guardianship
Full guardianship gives the guardian control over both personal and financial matters. Courts grant it only when the ward cannot handle any major decisions independently.
Limited Guardianship
Limited guardianship gives the guardian authority in specific areas only. The court uses it when the ward can manage some parts of life without help.
When Guardianship May Be Necessary
Texas courts consider guardianship when an individual cannot make safe and informed decisions. Common reasons include:
- Minors without living parents or whose parents cannot care for them
- Adults with severe mental or physical disabilities
- Elderly individuals experiencing cognitive decline
- People with serious illnesses that affect judgment
Courts review each situation closely and often explore less restrictive alternatives before approving guardianship.
How a Guardian Is Appointed
Filing the Application
The process begins with an application in the county where the proposed ward lives. This document explains why guardianship is needed and identifies the proposed guardian.
Court Investigation
The court often appoints an attorney ad litem to represent the proposed ward’s interests. In many cases, a medical or psychological evaluation is required to confirm the ward’s condition.
Hearing Before the Judge
The court holds a hearing to determine if guardianship is necessary. Both sides may present evidence and testimony. The judge must find clear proof that the person cannot manage personal or financial affairs without help.
Letters of Guardianship
Once appointed, the guardian receives official documents called Letters of Guardianship. These serve as proof of authority and are needed for many decisions and transactions.
Responsibilities of a Guardian
Protecting the Ward’s Well-Being
Guardians must ensure that the ward receives proper healthcare, safe housing, and adequate daily care. They must also respect the ward’s preferences when possible.
Managing Money and Property
A guardian of the estate must track all financial transactions, submit regular accountings to the court, and get approval for major expenses or investments.
Keeping Accurate Records
Guardians must maintain detailed records of both financial activities and decisions affecting the ward’s personal life. These records become part of the court’s oversight process.
Reporting to the Court
Guardians file annual reports on the ward’s living situation, medical condition, and finances. These reports allow the court to monitor the guardian’s actions and protect the ward’s rights.
Limits on a Guardian’s Authority
A guardian cannot exceed the powers granted by the court. Certain actions require court approval, such as:
- Selling real estate
- Making some medical decisions
- Moving the ward to another state
- Entering into significant contracts on behalf of the ward
Courts may remove a guardian who abuses authority, neglects duties, or acts against the ward’s best interests.
Rights of the Ward
Even under guardianship, the ward retains certain rights. These may include:
- Being treated with dignity and respect
- Participating in decisions to the extent possible
- Maintaining privacy in personal matters
- Requesting a court review of the guardianship
Texas law emphasizes preserving independence when possible and encourages limited guardianships to protect personal freedoms.
Ending a Guardianship
Guardianship ends when the ward regains the ability to manage their own affairs, when a minor ward becomes an adult, or when the ward dies. Guardianship can also end if the court finds it is no longer needed.
Guardians may resign, but they must submit a request to the court and provide a final accounting before being released from duties.
Alternatives to Guardianship
Courts often consider less restrictive alternatives before granting guardianship. Options may include:
- Durable power of attorney for healthcare or finances
- Supported decision-making agreements
- Appointment of a representative payee for benefits
- Joint bank accounts with a trusted person
These solutions allow the person to retain more control while still receiving help with specific matters.
Importance of Acting in Good Faith
Serving as a guardian is both a legal responsibility and a position of trust. The role requires acting honestly, managing resources wisely, and making decisions that serve the ward’s best interests. Failure to meet these obligations can result in court sanctions or removal.
Conclusion
The role of a guardian in Texas involves making critical decisions about the personal and financial well-being of someone who cannot fully manage on their own. Courts appoint guardians to protect vulnerable individuals, but they do so with strict oversight and clear rules. A guardian must respect the ward’s rights, follow the court’s instructions, and provide consistent care and management. By fulfilling these duties responsibly, a guardian can help ensure the ward’s safety, stability, and quality of life.
Other Related Articles:
- Parents with Mental Illness And Child Custody Battles
- Mental Health Considerations in Custody Cases in Texas: The Inside Story
- Should I Mention My Ex’s Mental Illness During Our Custody Case?
- Safety, Substance Abuse and Mental Health: Helping yourself through a Texas family law case
- What happens when a noncustodial parent suffers from a mental illness?
- Can your parental rights be terminated in regard to your mental health?
- A blog post for those facing mental health problems during a divorce
- Managing your family law case (and your emotions) when the opposing party is mentally incompetent
- Can a possession order be affected by the mental health problems of a parent?
- Can I Sue My Spouse for Mental Abuse in My Texas Divorce?
- Obtaining a guardianship over a child with disabilities in Texas
Guardianship FAQs in Texas: Alternatives & Court OversightFAQs
Yes, Texas courts prioritize less restrictive alternatives before establishing guardianship. These alternatives may include powers of attorney or supported decision-making arrangements, which allow individuals to retain more control over their affairs while receiving assistance.
Court oversight ensures that guardians fulfill their duties responsibly and in accordance with the law. It includes reviewing guardian reports, scheduling court hearings, and monitoring the ongoing need for guardianship.
Yes, guardianship can be terminated in Texas under certain circumstances. A petition must be filed in court, and evidence of significant improvement in the ward’s capacity is typically required to terminate guardianship.
While guardianship can be terminated, it is a significant legal intervention that should be carefully considered. Reversing guardianship involves legal proceedings and may depend on the specific circumstances of the case.
To become a guardian advocate in Texas, you generally need to follow the same process as becoming a guardian. File a petition in court, meet the qualifications, and be appointed by the court to advocate for an individual with developmental disabilities.
