Guardianships in Texas

Guardianships in Texas involve a legal process where a court appoints a guardian to make decisions for someone who cannot make decisions for themselves. This typically applies to minors or incapacitated adults. Here’s a detailed explanation:

Types of Guardianships in Texas

• Guardian of the Person: Responsible for the personal care and well-being of the ward (the person under guardianship). This includes decisions about healthcare, living arrangements, and personal needs.
• Guardian of the Estate: Manages the ward’s financial affairs, including property, income, and expenses.
• Guardian of the Person and Estate: Handles both personal and financial decisions for the ward.

Who Can Be a Guardian?

• A guardian can be a family member, friend, or a professional guardian.
• The court prioritizes close family members but can appoint a different person if it is in the best interests of the ward.
• The proposed guardian must be over 18, capable of performing guardian duties, and not have any conflicts of interest or disqualifying criminal history.

Steps in Establishing a Guardianship

1. 1. Filing an Application: An interested person (usually a family member) files an application for guardianship in the probate court of the county where the proposed ward resides. The application must include detailed information about the ward and the proposed guardian.
2. 2. Notice and Service: The court provides notice to the proposed ward and their relatives, informing them of the guardianship application and hearing. The proposed ward must be personally served with notice.
3. 3. Attorney Ad Litem: The court appoints an attorney ad litem to represent the interests of the proposed ward. The attorney ad litem investigates the situation, meets with the ward, and makes recommendations to the court.
4. 4. Investigation and Evaluation:
   • Medical Evaluation: A physician evaluates the proposed ward and submits a report on their capacity to make decisions.
   • Court Investigator: A court investigator may visit the ward and gather additional information.
5. 5. Hearing: A hearing is held where the judge reviews all evidence, hears testimony from interested parties, and considers the attorney ad litem’s recommendations. The proposed guardian must demonstrate that guardianship is necessary and that they are suitable for the role.
6. 6. Court Decision: If the court finds that guardianship is necessary and the proposed guardian is suitable, it issues an order appointing the guardian. The court’s decision is based on the best interests of the ward.

Duties and Responsibilities of a Guardian

Guardian of the Person:

• Ensure the ward’s basic needs are met, including healthcare, food, clothing, and shelter.
• Make medical and personal decisions for the ward.
• Provide regular reports to the court about the ward’s well-being.

Guardian of the Estate:

• Manage the ward’s financial affairs, including paying bills, managing property, and handling income.
• Maintain accurate records of all financial transactions.
• Submit periodic accountings to the court detailing the ward’s finances.

Modifying or Terminating a Guardianship

• Modification: A guardianship can be modified if the ward’s condition changes, requiring more or less assistance.
• Termination: A guardianship can be terminated if the ward regains capacity, the ward passes away, or the guardian can no longer fulfill their duties.

Alternatives to Guardianship

Texas law encourages exploring less restrictive alternatives before establishing a guardianship. These include:

• Durable Power of Attorney: Allows a person to designate someone to make financial decisions on their behalf.
• Medical Power of Attorney: Allows a person to designate someone to make healthcare decisions on their behalf.
• Supported Decision-Making Agreements: Allows individuals with disabilities to choose supporters to help them make decisions without losing legal rights.

Legal Assistance

Given the complexity and serious implications of guardianship, it is advisable to seek legal assistance. An attorney can help navigate the process, ensure compliance with legal requirements, and protect your rights throughout every stage of the proceedings.