Guardianships

Last updated on July 15, 2025

In Texas, “a legal process designed to protect vulnerable persons from abuse, neglect, and exploitation” is known as guardianship. Texas recognizes the following types of guardianship:

• Guardian of the Person – A Guardian of the Person is responsible for the day-to-day needs of the ward. This person will make decisions regarding personal and medical care, and make decisions that are in the best interests of the ward.

• Guardian of the Estate – A Guardian of the Estate is designated to handle the financial interests of the ward. In some cases, the Guardian of the Estate may be the same person as the Guardian of the Person, while in other cases, separate guardians may be appointed.

• Guardian of Minor Children – A Guardian of Minor Children is appointed to a child under very specific circumstances, such as when a child inherits money or when the parents have given up parental rights to the child. In the event that a child inherits money from a deceased family member, the parents are not automatically assumed to be guardians of the estate. If one parent should die, the other parent automatically is considered the child’s guardian except in extenuating circumstances.

Who Needs A Guardian?

Guardianship is a legal safeguard that protects individuals who cannot make decisions for themselves. In Texas, guardianship may be necessary for vulnerable persons facing significant challenges in managing their affairs due to:

• Severe dementia: Impairing decision-making in health care, finances and daily life
• Developmental disabilities: Limiting an individual’s ability to manage personal and financial responsibilities
• Traumatic brain injuries: Causing cognitive impairments that hinder self-care and judgment
• Serious mental health conditions: Affecting stability and decision-making (schizophrenia, bipolar disorders, etc.)
• Illness, injury or age-related incapacity: Requiring a guardian to safeguard well-being and financial security

In Texas, incapacity is legally defined as the inability to provide for one’s own physical health or financial needs due to a mental or physical condition. Courts assess each case carefully to determine whether guardianship is the appropriate solution.

The Guardianship Process In Texas

Establishing guardianship involves a structured legal process. Understanding each step can help families navigate this complex journey.

• File the application or petition to initiate the process and outline the need for guardianship
• Notify the proposed ward and relevant family members of the proceedings
• Appointment of an attorney ad litem and/or guardian ad litem for the proposed ward
• Court investigation and evaluation through medical assessments and expert testimony
• Attend a guardianship hearing where parties present evidence and arguments
• The judge decides whether guardianship is warranted and appoints a guardian

Once issued, letters of guardianship legally authorize the guardian to act on the ward’s behalf.

Duties And Responsibilities Of A Guardian

A guardian’s role extends beyond basic decision-making, requiring ongoing oversight and compliance with legal obligations.

• Filing inventories and annual reports to document assets and well-being
• Seeking court approval for major financial or medical decisions
• Managing fiduciary duties to protect the ward’s estate
• Protecting the ward’s best interests and quality of life

In Texas, guardians must act with integrity and diligence to meet the ward’s needs and comply with state guardianship laws.

Rights Of The Ward In A Texas Guardianship

Families should be aware that even under guardianship, wards retain essential rights that must be respected. These include the right to:

• Humane care, appropriate medical treatment and proper living conditions
• Vote, unless specifically denied by a court
• Communicate with others to maintain relationships and social connections
• Participate in decisions whenever possible

Understanding these rights can help families feel better about their loved one’s quality of life while under guardianship.

Alternatives To Guardianship

While guardianship is an essential legal process, it can be time-consuming and expensive. In some cases, exploring alternatives may be a better idea. At Carrillo|Sipes|Tibbels, PLLC, we help those who have concerns about a loved one investigate other options, including:

• Money Management Programs

• Assisted Living Placement

• Supported Decision-Making

• Power of Attorney and Medical Power of Attorney

• Management Trusts

• Special Needs Trusts

• Suit Affecting The Parent-Child Relationship

Our experienced attorneys can provide you with information about the guardianship process and the options available in Texas. Contact us today if you are concerned that a loved one may be vulnerable to exploitation. We have helped families across North Texas, including Wise, Jack, Montague, Denton and Tarrant counties, make the best decisions for their loved ones.

Get Professional Help With Guardianship

When it comes to guardianship, you need the guidance of experienced attorneys. Our lawyers at Carrillo|Sipes|Tibbels, PLLC, are knowledgeable about the guardianship process in Texas and can help you navigate the legal system to protect your loved one. We provide personalized service and will work with you to find the best solution for your unique situation. Call 940-400-7595.