Guardianship in Texas
A Texas guardianship is a court supervised proceeding involving appointment of an individual to care for a person, manage a person’s financial affairs, or both.
There are two kinds of guardianship in Texas: guardianship of the person and guardianship of the estate.
The appointment of a guardian strips the proposed ward (the person subject to the guardianship) of decision-making ability about fundamental aspects of his or her life. As a result, Texas has strict requirements to create a guardianship. Texas requires medical proof of incapacity from a medical doctor, psychologist, or advanced practice registered nurse. In addition, the guardianship must be no less restrictive alternatives to the guardianship, such as a medical or durable power of attorney. A constable serves the proposed ward with a copy of the guardianship application. The court will also appoint her counsel, an attorney ad litem, to represent her interests.
Finally, the court vets the proposed guardian, who must qualify to serve as guardian. Texas law requires a criminal background check of the proposed guardian prior to appointment. Because the court supervises the guardianship, the guardian submits an annual report of the person and, in the case of guardianship of the estate, an annual accounting. The annual accounting is essentially an annual audit submitted by the guardian to the court of the prior year’s use of the ward’s funds.
Texas law requires a court to tailor the guardianship to be only as restrictive as necessary to meet the ward’s needs.
For answers to frequently asked questions about establishing a guardianship of the person or estate, including in Austin or surrounding central Texas areas, visit my blog or contact me.