Guardianships

Last updated on October 2, 2026

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.

What To Expect in Local North Texas Probate Courts

Guardianship petitions in North Texas are filed at the county level, and the court depends on where the proposed ward lives. Wise, Denton and Tarrant counties each have their own structure and procedures.

Wise County

Guardianship filings go through the County Clerk’s office at the Wise County Courthouse, 200 North Trinity Street, Decatur, TX 76234, (940) 627-3351. The county has two County Courts at Law that share probate and guardianship jurisdiction. Wise County’s smaller docket often means faster hearing dates, though the same Texas Estates Code requirements apply statewide.

Denton County

Denton County has two dedicated probate courts. Probate Court No. 1, presided over by the Honorable David W. Jahn, is at 3900 Morse Street, Suite 100, Denton, TX 76208, (940) 349-2140. Both courts maintain guardianship resources including form packets and lists of attorneys available for cases where the ward needs independent representation.

Tarrant County

Tarrant County Probate Court No. 1 is located at 100 West Weatherford Street, Room 260A, Fort Worth, TX 76196, (817) 884-1200. The Honorable Patricia Burns presides, with an associate judge also on the bench to handle caseload. Families filing in Tarrant County should expect longer scheduling windows and a court investigator review before any hearing is set.

Our attorneys work with clients in all three counties and can walk you through the local procedures from the initial filing to the final order.

Frequently Asked Questions About Guardianship in North Texas

Our attorneys get these questions often from families in Wise, Denton and Tarrant counties.

How long does the guardianship process take in North Texas courts?

Most uncontested guardianships take between 60 and 120 days from filing to a signed order. Tarrant County’s docket volume tends to push timelines longer. Wise County’s smaller caseload can allow for faster dates. Contested cases take considerably longer, and all counties require a background check and court visitor investigation before any hearing is held.

Can I become a guardian for my parent in Decatur if I live out of state?

Yes, but additional steps apply. You will need to designate a Texas resident as a registered agent for service of process, and the court may require a bond. We help out-of-state family members handle the Texas-specific requirements so the process does not stall on procedural details.

What are the court costs and fees for a guardianship in Tarrant, Denton or Wise County?

Filing fees generally run between $200 and $400 depending on the county. Additional costs include background check fees, any bond premium, and attorney ad litem or guardian ad litem fees set by the court. Attorney fees for the petitioner are separate. We provide clear fee information before we begin so you understand the full picture going in.

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.