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When an adult in Texas can no longer make decisions due to illness, injury, or disability, families often step in to help. But informal care doesn’t always give legal authority. That’s where guardianship for incapacitated adults becomes essential. This legal process allows someone to step into a decision-making role for medical, financial, or personal matters. Courts take this step seriously, so it’s important to understand what it involves and how it affects everyone involved.
What Counts as Incapacity Under Texas Law
The Texas Estates Code defines an incapacitated adult as someone who, due to physical or mental conditions, cannot provide food, clothing, or shelter for themselves, care for their physical health, or manage their financial affairs. The condition must significantly affect their daily life.
In many cases, the adult suffers from:
- Dementia or Alzheimer’s disease
- Severe intellectual disabilities
- Mental illness
- Brain injuries
- Physical conditions that cause cognitive decline
A medical professional must evaluate the adult’s capacity. Their opinion plays a central role in the court’s decision.
Who Can Serve as Guardian
Texas law allows several people to apply for guardianship of an incapacitated adult. The court looks at the relationship, history, and best interests of the person needing help.
Here’s who can apply:
- Spouse of the proposed ward
- Adult children
- Parents
- Siblings
- Any other adult with a legitimate concern
If no one qualifies or is willing, the court may appoint a certified guardianship program, a nonprofit agency, or another qualified individual.
Types of Guardianship in Texas
Texas courts can grant different types of guardianship depending on the situation. Each type gives the guardian different powers and duties.
Guardian of the Person
This guardian makes decisions about the ward’s health, housing, and daily care. They choose doctors, approve treatments, and decide where the person lives. The court expects the guardian to visit regularly and keep detailed records of their actions.
Guardian of the Estate
This guardian manages the ward’s money and property. They pay bills, invest assets, file taxes, and handle any financial transactions. The court may require a bond and regular financial reports to prevent misuse of funds.
Guardian of the Person and Estate
In some cases, the court appoints one person to handle both personal and financial decisions. This is common when one family member has close contact and enough financial knowledge to manage both sides.
Temporary Guardianship
This is a short-term solution for emergencies. It gives someone limited powers to act immediately when the ward faces serious risk. The court must hold a full hearing within 60 days to decide on permanent arrangements.
The Legal Process for Guardianship
Guardianship starts with a legal filing in a Texas probate court. The process involves several steps to protect the rights of the adult.
Filing the Application
The person seeking guardianship files a written application with the court. This includes details about the proposed ward’s condition and the type of guardianship requested.
Medical Evaluation
A licensed physician must examine the adult and submit a written report. The report must clearly describe the incapacity and explain how it affects daily life. Without this report, the court cannot move forward.
Appointment of an Attorney Ad Litem
The court appoints a lawyer to represent the proposed ward. This attorney’s role is to protect their legal rights and to challenge the guardianship if necessary.
Hearing in Court
The court holds a formal hearing where the judge reviews the evidence. Both the applicant and the ward’s attorney present their cases. The judge may also speak directly with the proposed ward.
Court Decision
If the judge finds clear and convincing evidence of incapacity, they will appoint a guardian. The court will also decide which powers to grant and which rights to limit or keep in place.
Duties and Responsibilities of a Guardian
Guardians must always act in the best interest of the person they serve. They must follow court orders, report regularly, and stay within the limits of their authority.
Guardian of the Person Responsibilities
- Choose medical care and providers
- Decide on living arrangements
- Approve services or treatments
- File annual reports about the ward’s well-being
Guardian of the Estate Responsibilities
- Manage assets and debts
- Keep funds separate from personal accounts
- File detailed accountings with the court
- Get court approval for major financial decisions
The court monitors guardians to prevent abuse or neglect. Failing to meet legal duties may result in removal or criminal charges.
Alternatives to Guardianship
Texas law prefers less restrictive solutions when possible. Courts will not approve guardianship unless all other options have been explored.
Here are some common alternatives:
Medical Power of Attorney
This document allows a person to name someone else to make medical decisions if they become unable to decide for themselves.
Durable Power of Attorney
This legal tool gives another person authority to handle financial matters. It remains in effect even after the person becomes incapacitated.
Supported Decision-Making Agreement
This agreement allows adults with disabilities to choose someone they trust to help them make choices without giving up their legal rights.
Representative Payee
For individuals who only need help managing Social Security benefits, the Social Security Administration can appoint a payee to receive and manage their funds.
How to End a Guardianship
Guardianship may end if the adult regains capacity, passes away, or moves to another state. In those cases, the guardian must notify the court and file the proper paperwork.
The ward or another interested party may also challenge the guardianship. If they present strong evidence that the person no longer needs a guardian, the court can terminate it.
Common Issues in Guardianship Cases
Family Disputes
In some cases, multiple family members want to serve as guardian or disagree about the need for guardianship. These disputes can delay proceedings and cause lasting damage.
Financial Abuse
Guardians must handle finances carefully. Misuse of funds or self-dealing often results in criminal charges or civil penalties.
Neglect or Isolation
Guardians have a legal duty to care for the ward’s well-being. Failing to check on them, arrange care, or meet basic needs can lead to court action.
Get Help With the Process
Guardianship law in Texas requires careful attention to detail. The process protects adults who can’t protect themselves, but it also places legal duties on the guardian. Mistakes can carry serious consequences.
If you’re considering applying for guardianship of an incapacitated adult in Texas, speak with a qualified attorney. They can help file documents, gather evidence, and represent you during court hearings.
Texas Guardianship FAQs: Annual Reporting & Limited Authority
Guardianship gives families a legal way to help loved ones who can no longer care for themselves. The process may seem overwhelming, but it protects everyone involved. Whether you’re worried about an aging parent, a disabled sibling, or another adult who needs support, understanding your options can help you take the right steps.
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- Obtaining a guardianship over a child with disabilities in Texas
FAQs
Yes, guardians in Texas are required to submit annual reports to the court detailing the condition and well-being of the incapacitated adult, including financial transactions. This ensures transparency and accountability.
Yes, Texas allows for limited guardianships where the guardian’s authority is restricted to specific areas of the adult’s life. This approach aims to preserve the adult’s autonomy while providing necessary support.
Guardianship in Texas is not necessarily permanent. The court will review the need for guardianship periodically. If the adult’s capacity improves, the guardianship may be modified or terminated.
If you believe an adult in Texas needs a guardian, consult with an attorney experienced in guardianship law. They can guide you through the legal process and help you file a petition in the appropriate probate court.
The preferences of the incapacitated adult are considered, but the court ultimately decides who will serve as their guardian, prioritizing the adult’s best interests.
