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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.

1

Initial Consultation

Evaluate the situation and explore all options

2

File Application

Prepare and file guardianship application with the court

3

Investigation

Court appoints investigator to assess the situation

4

Hearing

Present evidence to the court; judge makes determination

5

Appointment

If granted, guardian takes oath and receives letters

6

Ongoing Duties

Annual reports, accountings, and court oversight

Need Help Protecting a Loved One?

Schedule a free consultation to discuss your situation. We'll help you understand your options and determine the best path forward.

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