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Some Texans may lose the ability to make decisions about their health, finances, or daily living due to serious medical conditions, memory loss, or long-term disabilities. In such cases, the court can establish guardianship of the person and estate. This legal arrangement authorizes a guardian to manage both the personal care and financial affairs of someone who can no longer do so independently. Guardianship of the person and estate ensures that vulnerable individuals receive proper support, protection, and oversight in every aspect of their lives.
What Is Guardianship of the Person and Estate?
This form of guardianship gives someone full legal power to act on behalf of another adult. That includes medical decisions, housing choices, and money management. The person receiving help is called the ward. The one appointed to assist is the guardian.
Courts create this type of guardianship only when the ward cannot manage any part of daily life or finances without significant risk. It applies to adults who are incapacitated due to:
- Dementia
- Stroke
- Intellectual disability
- Brain injury
- Severe mental illness
- Progressive diseases like Parkinson’s or ALS
Texas law allows the court to grant both guardianships together when needed, but it also requires evidence that each one is necessary.
Guardian of the Person: Roles and Duties
This guardian makes personal decisions for the ward. The law expects them to protect the ward’s well-being and act in their best interest.
Key Responsibilities
- Decide where the ward lives
- Approve medical treatment
- Arrange personal care services
- Monitor safety, nutrition, and hygiene
- Visit regularly and check on daily needs
Texas law requires the guardian to file an Annual Report of the Person. This includes updates on the ward’s health, living situation, and overall condition. The court reviews these reports to confirm the guardian is meeting their duties.
Guardian of the Estate: Roles and Duties
This guardian manages the ward’s money, property, and financial obligations. The court watches these cases closely to prevent fraud or misuse.
Key Responsibilities
- Open and manage a guardianship bank account
- Pay bills, debts, and taxes
- Handle investments or real estate
- Keep detailed financial records
- File an annual accounting report with the court
Guardians of the estate must complete a bond to protect the ward’s assets. They may also need court approval before making large purchases or sales.
When Both Guardianships Are Needed
Some adults lose both mental and physical capacity. They can’t understand medical advice, track money, or respond to emergencies. In these cases, the court may appoint one person to manage both personal and financial matters.
Texas law prefers to limit guardianship when possible. But if no lesser option works, the court may combine both roles into one legal order.
Common Scenarios
- A parent suffers a major stroke and cannot walk, talk, or understand basic tasks
- An adult with a developmental disability turns 18 and cannot make medical or financial decisions
- A senior with Alzheimer’s forgets to take medication and also loses track of spending
In each of these cases, the guardian acts as a legal substitute decision-maker.
The Legal Process for Guardianship in Texas
The court will not appoint a guardian without clear evidence. Texas law requires several steps to protect the rights of the person involved.
Step 1: File the Application
The proposed guardian must file a petition with the probate court in the county where the ward lives. The document must explain:
- Why guardianship is needed
- What kind of help is required
- Who the proposed guardian is
Step 2: Get a Medical Certificate
The court requires a signed medical report from a licensed physician. This form must state that the person lacks the ability to care for themselves or manage finances.
Step 3: Notify the Ward and Interested Parties
The ward must receive formal notice. The law also requires notification to close family members or anyone with a legal interest in the outcome.
Step 4: Appointment of an Attorney Ad Litem
The court appoints an independent lawyer to represent the ward. This attorney investigates the case and gives a recommendation to the judge.
Step 5: Attend a Court Hearing
During the hearing, the judge listens to both sides and reviews all evidence. The court may ask questions or call witnesses. The guardian must prove incapacity and the need for both types of guardianship.
Step 6: Court Ruling
If the court approves, it issues Letters of Guardianship. These documents give the guardian legal authority to act. The court will set reporting requirements and may order training.
Guardian Qualifications and Limits
Texas courts want reliable, responsible guardians. A guardian must:
- Be at least 18 years old
- Have no history of abuse or neglect
- Not owe money to the ward
- Complete guardian certification and training
Courts often choose close relatives first. If no suitable person steps forward, the court may appoint a professional guardian.
A guardian cannot:
- Make decisions outside the scope of the court order
- Restrict the ward’s rights beyond what the court allows
- Use the ward’s property for personal gain
- Place the ward in a facility without medical justification
Reporting and Oversight
Guardians must follow strict rules. Courts check their actions through reports and hearings.
Required Reports
- Initial Inventory: A list of the ward’s property and assets
- Annual Report of the Person: Details on the ward’s living condition
- Annual Accounting: A full record of spending, income, and account balances
If a guardian fails to report or misuses funds, the court can remove them, issue fines, or file criminal charges.
Alternatives to Full Guardianship
Texas law supports less restrictive options when possible. Courts may deny guardianship if other tools solve the problem.
Power of Attorney
If the person has legal capacity, they can sign a document giving someone authority over finances or medical decisions.
Supported Decision-Making
Adults with disabilities can choose someone they trust to help with decisions, while still keeping their legal rights.
Representative Payee
If the person only needs help managing Social Security income, the Social Security Administration can assign someone to handle those funds.
Ending or Changing Guardianship
Guardianship does not last forever. The court can end it if:
- The ward regains capacity
- The ward passes away
- The guardian resigns or dies
- Another person petitions for removal due to abuse or failure to perform duties
To terminate guardianship, someone must file a motion with the court and provide evidence. The judge will schedule a hearing and issue a new order if appropriate.
Conclusion
Guardianship of the person and estate in Texas empowers a trusted individual to care for someone who can no longer handle their personal or financial affairs. This form of guardianship grants legal authority over healthcare decisions, daily living needs, and financial management. The court closely oversees the process, requiring formal approval, ongoing supervision, and detailed reporting to ensure accountability.
Before seeking guardianship of the person and estate, families should carefully consider the legal requirements and the weight of the responsibility. When handled properly, this arrangement provides essential safety, stability, and support for vulnerable loved ones.
Other Related Articles:
- Does Texas Recognize Out of State Guardianship? What Families Should Know
- How to Start an Application for Guardianship Texas: Step-by-Step Insights
- Your Guide to Texas Guardianship Laws and How They Work
- 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?
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- Can a possession order be affected by the mental health problems of a parent?
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- Obtaining a guardianship over a child with disabilities in Texas
Texas Guardianship FAQs: What You Need to Know
Guardianship in Texas is not necessarily permanent. It can be established for a specific period, and the court may reevaluate the need for guardianship over time. In some cases, it may be terminated if the ward’s circumstances change.
Yes, there are alternatives to guardianship, such as powers of attorney and supported decision-making agreements. These alternatives aim to provide individuals with more autonomy in decision-making while still ensuring their protection and support.
The primary consideration of the court in guardianship cases is the best interests of the ward. The court’s decision is based on what will most effectively protect and support the ward’s well-being.
Yes, guardianship can be established for both adults and minors in Texas, depending on their specific needs and circumstances.
Families navigating guardianship proceedings can seek legal counsel and expert guidance to understand the process, fulfill their responsibilities, and ensure the best interests of their loved ones are upheld.
