Guardianship

A guardianship is a legal relationship created by the court to allow the appointment of a person or entity (known as a guardian) to be responsible for decision-making for an incapacitated person (known as a ward).

In Texas, there are three types of incapacitated persons eligible for guardianship:

1. A minor
2. An adult individual who, because of a physical or mental condition, is substantially unable to provide food, clothing, or shelter for himself or herself, to care for their own physical health, or to manage their own financial affairs
3. A person who must have a guardian appointed to receive funds due the person from any governmental source.

There are two basic types of guardianships: a guardian of the person and a guardian of the estate.

• A guardian of the person controls the ward’s housing, healthcare, and education.
• A guardian of the estate controls the ward’s financial decisions and property.

You should know that guardianship is generally seen as a “last resort.” As a result, the court will determine whether there are any alternatives to a guardianship, such as a power of attorney. 

Our firm can assist you from determining your need for a guardianship through annual reporting requirements that may be imposed by the court.  Our attorneys help you understand your options so you can make informed, compassionate decisions for your loved one.