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When an adult is no longer able to manage their personal, financial, or medical affairs, legal protection may be required to ensure their safety and well-being. Guardianship provides a structured way for someone else to step in and make decisions on their behalf—while still respecting their remaining rights. Whether you are a family member, friend, or concerned caregiver, understanding how adult guardianship works under Texas law is essential before taking any steps.
Texas courts take this process seriously. Guardianship affects a person’s legal rights and must be carefully evaluated, limited, and supervised. The system is designed to ensure adults receive only the level of assistance they genuinely need, not more. That’s why the legal process, requirements, and responsibilities involved are so clearly defined.
Let’s now take a closer look at how guardianship in Texas for adults is structured—from the types of authority that can be granted to the rules you’ll need to follow if appointed as a guardian.
- Types of Guardianship in Texas for Adults
- How Guardianship Is Decided by Courts
- Legal Requirements for Guardianship in Texas for Adults
- Responsibilities Involved
- Alternatives to Guardianship in Texas for Adults
- How Long Guardianship in Texas for Adults Lasts
- Oversight of Guardianship in Texas for Adults
- Costs and Fees
- Your Rights and Limits as a Guardian
- What Happens If No One Can Serve Guardianship
Types of Guardianship in Texas for Adults
Texas law recognizes different types of guardianship based on the adult’s needs. The two primary types are:
1. Guardianship of the Person
This gives you the power to make decisions about the adult’s housing, medical care, and daily needs. It’s used when someone is unable to make safe or healthy choices on their own.
2. Guardianship of the Estate
This type involves managing money, assets, and legal matters. It is needed if the adult is unable to handle financial responsibilities without risk of harm or exploitation.
In some cases, the court may assign both roles to one person, or split the roles between two people. You can also request a temporary guardianship if there’s an urgent issue.
How Guardianship Is Decided by Courts
To be appointed as a guardian, you must apply through a court in the county where the adult lives. A judge will then review several key factors before approving the guardianship:
- Whether less restrictive options have been considered
- The adult’s actual ability to make decisions
- Medical or psychological evaluations from licensed professionals
- Statements from family members and interested parties
- Background checks and potential disqualifications of the proposed guardian
A court investigator or guardian ad litem may be assigned to assess the situation. You’ll need to attend a hearing where the court decides if guardianship is necessary and if you are fit to serve.
Legal Requirements for Guardianship in Texas for Adults
Guardianship is not granted lightly. You’ll need to meet several requirements before the court grants any authority:
- You must complete training from the Judicial Branch Certification Commission
- You must submit a fingerprint-based criminal background check
- You cannot have a history of abuse, neglect, or felony convictions
- You must be at least 18 years old
- You must show you are capable of managing responsibilities with honesty and care
If approved, the court issues “Letters of Guardianship.” These letters serve as proof of your legal authority to act on behalf of the adult.
Responsibilities Involved
Your duties will depend on the type of guardianship granted. These are not just moral responsibilities but legal ones as well.
If you are guardian of the person, you must:
- Make living arrangements that prioritize the adult’s safety and dignity
- Consent to medical treatments if needed
- Maintain regular contact with the adult
- File annual reports about their well-being
If you are guardian of the estate, you must:
- Keep detailed records of all financial transactions
- Pay the adult’s bills and manage income
- File an inventory of assets with the court
- Submit annual accountings for court review
All decisions must be made in the adult’s best interest. You are also expected to promote independence as much as possible and involve them in decisions when appropriate.
Alternatives to Guardianship in Texas for Adults
Guardianship should be considered a last resort. Courts prefer less restrictive alternatives if the adult can be supported in other ways. These may include:
- Power of Attorney (POA): Allows someone to handle financial or medical affairs under the adult’s direction
- Supported Decision-Making Agreement: Lets the adult choose someone to help them understand decisions without giving up control
- Representative Payee: Manages Social Security benefits without court involvement
- Joint Bank Accounts: Enables shared control over finances
- Medical Proxy or Advance Directive: Handles healthcare decisions without needing guardianship
If these tools can protect the adult without stripping away their rights, a judge may deny the request for guardianship.
How Long Guardianship in Texas for Adults Lasts
Guardianship typically continues until one of the following happens:
- The ward dies
- The court finds the adult has regained capacity
- A guardian fails to meet obligations or is removed
- A successor guardian is appointed
You may also file for termination or modification if the adult’s condition improves or if your role needs to change. The court must approve all changes.
Temporary guardianship is usually limited to 60 days and used in emergency cases.
Oversight of Guardianship in Texas for Adults
After you’re appointed, the court continues to monitor your actions. This is done to ensure the adult’s rights and well-being are protected. You will need to:
- File an annual personal status report if you are the guardian of the person
- Submit an annual financial accounting if you are guardian of the estate
- Keep all records and receipts organized for review
- Notify the court of any major changes such as change of address, health status, or financial assets
Failure to file these reports may result in removal or other penalties. A court investigator may visit or request an audit if concerns arise.
Costs and Fees
Filing for guardianship involves court fees, background checks, and potential attorney costs. You may also need to pay for:
- Medical evaluations
- Certified copies of legal forms
- Guardianship certification training
- Bond fees (for guardians of the estate)
If the adult has financial assets, the court may allow reimbursement from their estate for reasonable costs. If not, you may need to cover these expenses yourself unless you qualify for county assistance or legal aid.
Your Rights and Limits as a Guardian
Being a guardian does not give you absolute power. You are limited by what the court allows in the order of appointment. You cannot:
- Change the adult’s will or create one
- Make decisions the court did not authorize
- Use the adult’s funds for your personal benefit
- Move them out of state without court approval
- Force treatment that violates their religious beliefs or values
You must always act with care, loyalty, and accountability. Violations of your duties can lead to legal action or removal as guardian.
What Happens If No One Can Serve Guardianship
If no family member or friend can qualify or is willing to serve, the court may appoint:
- A certified professional guardian
- A guardianship program affiliated with the state
- A public guardian through the Department of Aging and Disability Services
These professionals are trained to handle guardianship cases and are subject to the same rules and oversight. The court will always seek the option that provides the most protection and least restriction for the adult.
Conclusion
Guardianship in Texas for adults is a serious legal step used to protect individuals who cannot care for themselves. While the process is thorough, it ensures that vulnerable adults receive the support they need without giving away more rights than necessary. Whether you are applying for guardianship or supporting someone through it, understanding your rights, rules, and responsibilities is key. Always keep the adult’s well-being and autonomy at the center of every decision.
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FAQs About Guardianship in Texas for Adults
No. Guardianship must be approved and supervised by a court. You cannot act as a guardian without formal legal authority.
It can take several weeks to a few months, depending on how quickly evaluations and hearings are completed.
Yes, if you are appointed guardian of the person and the court grants you that authority.
Yes. The court can modify or terminate guardianship if the adult’s condition improves or if the guardian is no longer suitable.
No. The court grants only the powers that are necessary. The adult retains all other legal rights unless specifically removed.
