Skip to content 
Guardianship laws in Texas can feel overwhelming when you first start to explore them. If you are a parent or caregiver responsible for the well-being of a child or an incapacitated adult, understanding how guardianship works helps you protect the interests of your loved one. The laws are designed to ensure that any guardianship arrangement prioritizes the best interests, safety, and care of the person who needs help (called the “ward”).
Here’s a detailed look at the core aspects of guardianship laws in Texas. You will find clear explanations of the legal definitions, types of guardianship, appointment processes, duties of a guardian, and important steps you may need to follow if you decide to file for guardianship.
- How Guardianship Laws in Texas Define a Legal Relationship
- Types of Guardianship Laws in Texas You Should Understand
- How Guardianship Laws in Texas Determine Who Can Be a Guardian
- Filing Requirements Under Guardianship Laws in Texas
- Guardian Responsibilities Under Texas Guardianship Laws
- Less Restrictive Options Recognized by Guardianship Laws in Texas
- Oversight by Courts Under Guardianship Laws in Texas
- Costs You May Face Under Guardianship Laws in Texas
- How Guardianship Laws in Texas Address Termination and Modification
- Rights of Wards Under Guardianship Laws in Texas
How Guardianship Laws in Texas Define a Legal Relationship
Texas law defines guardianship as a legal relationship created by a court order that authorizes one person (the guardian) to make decisions for another person (the ward). A ward may be a minor child or an adult who, due to incapacity, cannot care for themselves or manage their property.
The Texas Estates Code governs most guardianship matters. Under this code, a court can appoint a guardian only if it finds that less restrictive alternatives (like powers of attorney or supported decision-making agreements) are not enough to protect the ward’s well-being and interests.
Some key points about this definition:
- A guardianship takes away certain rights from the ward and gives them to the guardian.
- A court must carefully consider whether guardianship is truly necessary.
- The guardian has a fiduciary duty to act in the ward’s best interest at all times.
Types of Guardianship Laws in Texas You Should Understand
Texas recognizes several forms of guardianship depending on the needs of the ward and the extent of assistance required. The main types are:
1. Guardianship of the Person
This form authorizes you to make personal decisions about where the ward lives, medical care, and basic daily needs.
2. Guardianship of the Estate
This allows you to manage the ward’s financial matters, property, and income. You may be required to post a bond to ensure that funds are handled appropriately.
3. Full Guardianship
When a ward is completely unable to make any decisions, the court may grant you full authority over personal and financial matters.
4. Limited Guardianship
If the ward retains some capacity, the court can tailor a limited guardianship. You would only have decision-making power over specific areas, such as healthcare or finances.
5. Temporary Guardianship
In emergencies, courts can appoint a temporary guardian for up to 60 days to protect the ward’s immediate welfare or assets.
Each type requires the court to determine that the guardianship is necessary and that no less restrictive measures would sufficiently protect the ward.
How Guardianship Laws in Texas Determine Who Can Be a Guardian
When selecting a guardian, Texas law sets clear priorities. Generally, courts prefer family members, starting with the closest relatives. For minor children, surviving parents can name their choice of guardian in a will or written declaration. For incapacitated adults, the court will first consider spouses and adult children.
Courts must also ensure that you are qualified to serve. Certain individuals are legally disqualified from serving as a guardian, including:
- Persons convicted of serious crimes.
- Persons who have a conflict of interest.
- Individuals found unsuitable due to misconduct or incapacity.
You must also submit to a background check and, in many cases, complete training before appointment.
Filing Requirements Under Guardianship Laws in Texas
To initiate guardianship proceedings, you file an application in the probate court of the county where the proposed ward resides. Your application must include:
- The proposed ward’s identifying information.
- The nature and degree of incapacity (for adult wards).
- The type of guardianship you are requesting.
- A description of alternatives considered and why they are not sufficient.
- Your qualifications to serve.
The court will appoint an attorney ad litem to represent the proposed ward’s interests. A physician’s certificate of medical examination is usually required to confirm incapacity in adult cases.
After filing, you must provide notice to the ward and any interested parties. A hearing will be scheduled to determine whether guardianship is appropriate.
Guardian Responsibilities Under Texas Guardianship Laws
Once appointed, you are legally responsible for acting in the ward’s best interests. The law imposes strict duties on you, including:
- Duty of Care: You must make prudent decisions about the ward’s personal and financial matters.
- Duty of Loyalty: You cannot use your role for personal gain.
- Duty to Report: You must file annual reports with the court, including:
- An annual report on the condition and location of the ward.
- An accounting of all financial transactions if you manage the estate.
You may need court approval for certain major decisions, such as selling property or changing the ward’s residence.
Failure to fulfill these duties can lead to removal as guardian and legal liability for losses.
Less Restrictive Options Recognized by Guardianship Laws in Texas
Texas law requires you to explore whether less restrictive measures could meet the ward’s needs before seeking guardianship. Some examples include:
- Durable Power of Attorney: Allows a trusted individual to handle finances and property.
- Medical Power of Attorney: Authorizes someone to make healthcare decisions.
- Supported Decision-Making Agreement: Enables the person to make decisions with help rather than giving up rights.
- Representative Payee: Appointed by a government agency to manage public benefits.
- Trust Arrangements: Help manage funds without formal guardianship.
Courts expect clear evidence that these options were considered and found inadequate.
Oversight by Courts Under Guardianship Laws in Texas
The court remains involved throughout the guardianship. Your actions are subject to oversight and review. Courts may:
- Require regular reports.
- Hold hearings to approve significant transactions.
- Reassess whether the guardianship remains necessary.
If circumstances change—for example, if the ward regains capacity—the court can modify or terminate the guardianship.
Costs You May Face Under Guardianship Laws in Texas
You should be prepared for costs associated with pursuing guardianship, such as:
- Court filing fees.
- Attorney fees for you and the attorney ad litem.
- Medical evaluations.
- Costs of training requirements.
In some cases, these costs can be paid from the ward’s estate, subject to court approval.
How Guardianship Laws in Texas Address Termination and Modification
A guardianship does not always last indefinitely. Termination or modification may occur if:
- The ward regains capacity.
- The ward passes away.
- A less restrictive alternative becomes feasible.
- The guardian resigns, becomes incapacitated, or is removed.
You can petition the court to end or modify the arrangement. The court will review evidence and may order evaluations before making changes.
Rights of Wards Under Guardianship Laws in Texas
Even when guardianship is established, wards retain certain rights unless the court explicitly removes them. These may include:
- The right to personal privacy.
- The right to communicate with others.
- The right to participate in decisions to the extent possible.
Texas law requires that you encourage the ward’s independence and involve them in decisions.
Conclusion
Guardianship laws in Texas create a framework designed to protect individuals who cannot protect themselves. Whether you are a parent of a minor child or caring for an adult who lacks capacity, understanding the processes, responsibilities, and requirements of guardianship empowers you to make informed decisions. You should consider all options, gather proper documentation, and consult a qualified professional to ensure you are meeting your obligations and protecting the interests of your loved one.
Other Related Posts
- What Texans Should Know About First Party Special Needs Trust
- Trusts Charitable Foundation: How to Structure Yours for Lasting Impact
- Pros And Cons Of Revocable Living Trust: Stay in Control of Your Legacy
- Guardianship For Adults With Mental Illness Texas: Guide for Families
- Can You Really Trust Online Services Than Your Living Will Attorney?
- Why Third Party Special Needs Trust Could Be the Right Move for You
- Types of Charitable Trusts Texas: A Clear Guide to Setting Up Your Charitable Legacy
- Disadvantages of a Revocable Living Trust: The Truth Most People Miss
- Can You DIY Your Free Revocable Living Trust? A Look at the Pros and Cons
- What Every Texan Needs to Know About Advance Care Directive Vs Living Will
- Demystifying Guardianship Texas: Straight Talk for Texans
- Demystifying Special Needs Trust California: A Plain English Overview
Frequently Asked Questions
The timeline can vary based on the court’s schedule, the complexity of the case, and whether there are objections. It typically takes several weeks to a few months from filing to appointment.
Yes. The court may approve reasonable compensation for your services as guardian, especially in guardianship of the estate. Any payments are subject to court approval and must be reported.
A physician’s certificate of medical examination is required when seeking guardianship of an incapacitated adult. It provides evidence of the ward’s incapacity and helps the court determine the level of assistance needed.
Yes. Interested parties have the right to contest the need for guardianship or your suitability to serve. Contests are resolved through hearings and presentation of evidence.
Yes. A court can appoint the same individual as guardian of the person and of the estate or appoint separate guardians for each role, depending on what best serves the ward’s interests.
