Guardianship &Conservatorship in Texas
When a loved one can no longer care for themselves or make important decisions, guardianship provides a legal framework for protecting them. We guide families through this sensitive process with compassion and expertise.
What is Guardianship?
Guardianship is a legal relationship where a court appoints a person (the guardian) to make decisions for someone who cannot make decisions for themselves (the ward). In Texas, this includes both minors without capable parents and incapacitated adults.
Because guardianship removes fundamental rights from an individual, Texas courts require clear evidence of incapacity and consider less restrictive alternatives first.
Important Note
Texas law requires courts to consider less restrictive alternatives before granting guardianship. We always explore these options first.
Emergency Guardianship
In urgent situations where someone faces immediate harm, Texas allows for emergency (temporary) guardianship that can be granted quickly—sometimes within days.
- Imminent risk of harm
- Financial exploitation concerns
- Medical emergency decisions
- Limited 60-day duration
- Expedited court process
Types of Guardianship
Texas recognizes different types of guardianship based on who needs protection and what decisions need to be made.
Guardianship of Minors
When parents are unable to care for their children, a guardian may be appointed to make decisions regarding the child's care, education, and welfare.
- Parents are deceased
- Parents are incapacitated
- Parents are incarcerated
- Parents have abandoned the child
- Parents consent to guardianship
Guardianship of Adults
When an adult becomes incapacitated and cannot make decisions for themselves, a guardian may be appointed to manage their personal and/or financial affairs.
- Dementia or Alzheimer's disease
- Severe mental illness
- Traumatic brain injury
- Developmental disabilities
- Stroke or medical emergency
Guardian of the Person
Makes decisions about the ward's personal care, including residence, medical treatment, and daily living activities.
- Determine living arrangements
- Consent to medical treatment
- Ensure proper care and supervision
- Make educational decisions
- Manage personal needs
Guardian of the Estate
Manages the ward's financial affairs, including assets, income, and paying bills and expenses.
- Manage assets and investments
- Pay bills and expenses
- File required tax returns
- Provide annual accountings
- Protect estate from waste
Alternatives to Guardianship
Before pursuing guardianship, we explore less restrictive options that may better serve your loved one's needs.
Power of Attorney
If planned in advance, a durable power of attorney can avoid the need for guardianship.
- No court involvement
- Less expensive
- More private
- Person chooses their agent
Supported Decision-Making
Allows individuals to make their own decisions with help from trusted supporters.
- Preserves autonomy
- Less restrictive
- No court oversight
- Promotes independence
Representative Payee
For managing Social Security or other government benefits only.
- Limited scope
- No court required
- Specific to benefits
- Simple process
Trust Administration
If assets are held in a trust, a trustee can manage finances without guardianship.
- Avoids court supervision
- Greater flexibility
- Privacy maintained
- Professional management available
The Guardianship Process
Understanding what to expect when pursuing guardianship in Texas.
Initial Consultation
Evaluate the situation and explore all options
File Application
Prepare and file guardianship application with the court
Investigation
Court appoints investigator to assess the situation
Hearing
Present evidence to the court; judge makes determination
Appointment
If granted, guardian takes oath and receives letters
Ongoing Duties
Annual reports, accountings, and court oversight