Blog

A guardianship entails the appointing of an individual to care for the needs and wants of an incapacitated person, and responsibilities include managing finances.

Texas adheres to strict guidelines and considerations before appointing legal representation of another person, known as the ward.

What are the types of guardianships?

The two types of guardianship are the guardian of the estate and the guardian of the person. Guardian of the estate only manages the financial affairs of the ward, including property. Guardian of the person provides daily care, such as food, clothing, shelter, medical treatment, and supervision when necessary.

How is a guardian appointed?

There are two ways to appoint a guardian: the court finds probable cause or an individual applies through the local court. The latter is more common.

Can I choose a guardian for myself?

Yes, you can designate a guardian for the future should you need it. Judges may choose not to abide by your designation, but they give it first preference.

Who can be a guardian?

If you have not designated a guardian, the next preferred choice is your spouse or next of kin that meets the state qualifications.

When is a guardian appointed?

The court decides when an individual is incapacitated and requires guardianship. Potential wards under Texas law are minors, adults unable to care for their own basic needs, and someone who needs a guardian in order to receive necessary government funds.

The appointment of a guardian removes some of the ward’s rights. For that reason, the courts take special care to limit guardianship and retain as many rights for the ward as possible.