Guardianship
Litigation
A guardianship is a court-supervised legal arrangement in which a court appoints a person ("guardian") to make personal and/or financial decisions for someone who the court has determined is incapacitated and unable to care for themselves or manage their own property ("ward").
Guardianships are a challenging and emotional process for everyone involved, even if they are necessary to protect a family member who is incapacitated or no longer able to care for themselves. Unfortunately, guardianship proceedings often lead to family conflict. We understand the emotional complexities involved in guardianship proceedings and are committed to providing compassionate guidance while leveraging our extensive experience to navigate this difficult legal landscape. We are here to advocate for the best interests of your loved ones, ensuring their needs are met with care and professionalism.
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Guardian of the Person
A guardian of the person is an individual appointed by a court to make personal decisions—such as those regarding health care, living arrangements, and daily welfare—on behalf of someone who has been legally determined to be incapacitated due to age, disability, or mental impairment. Texas courts oversee guardians of the person to ensure they act in the ward's best interest, often requiring regular reports on the ward's status and well-being.
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Guardian of the Estate
A guardian of the estate may be appointed for individuals who are unable to manage their own financial affairs or lack the capacity to understand the nature and consequences of their financial transactions. This guardian is responsible for managing the ward's property and finances while safeguarding the ward from financial abuse or mismanagement.
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Least Restrictive Alternatives
Before establishing a guardianship, Texas courts must evaluate "less restrictive alternatives." Alternatives to a guardianship may include:
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Medical Powers of Attorney;
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Statutory Durable Powers of Attorney;
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Declaration for mental health treatment;
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Appointing a representative payee to oversee public benefits;
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Establishing a joint bank account;
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Creating a management trust under Chapter 1301;
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Establishing a special needs trust;
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Designating a guardian in advance; and
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Alternative decision-making methods based on person-centered planning.