Making decisions for a family member who cannot handle their own affairs is never easy. Many Texans may face this situation if an adult loved one falls ill, suffers an injury or starts experiencing cognitive decline that affects daily life.
Adult guardianship represents one option among several approaches for helping vulnerable individuals. Knowing when to pursue this option allows families to make informed decisions that protect the people they love and respect their dignity.
What does adult guardianship mean under Texas law
In Texas, a guardianship is a court-created relationship that allows one person to make decisions for another. The person appointed by the court is called a guardian, while the individual receiving protection is known as the ward.
State law recognizes two main types of guardianship. A guardian of the person makes decisions about housing, medical care, daily living needs and overall welfare while a guardian of the estate manages finances, property, investments and any income the ward receives.
Some individuals may need both types, while others may only require one. For example, a person who can make personal care decisions but struggles with finances might need only a guardian of the estate. Courts tailor the arrangement to each individual’s circumstances.
Guardianships can also be full or limited. Full guardianship removes most decision-making authority from the individual, whereas limited guardianship allows the individual to retain certain powers. In these cases, the court specifies which decisions the guardian controls and which the ward keeps, such as voting, driving or choosing where to live.
How courts determine if guardianship is necessary
Texas courts do not grant guardianship lightly. Under the state’s Estates Code, an incapacitated adult is an individual who, due to their physical or mental condition, is unable to:
- Provide food, clothing or shelter for themselves
- Care for their own physical health
- Manage their own financial affairs
While meeting one of these criteria can be enough to establish incapacity, the court still must find, by preponderance of the evidence, that the proposed ward is partially or completely incapacitated and that appointing a guardian serves their best interest.
The court also considers whether less restrictive options, such as powers of attorney, could meet the person’s needs without taking away their authority. Before the court can approve this agreement, the applicant must show that they have explored these alternatives and determined that they would not work for the proposed ward’s situation.
What to expect during the guardianship process
The guardianship process begins when an interested person files an application with the county probate court where the proposed ward resides. The application must include:
- The proposed ward’s name, address and date of birth
- The type and severity of the person’s incapacity
- The specific areas where the person needs help
- Whether guardianship of the person, the estate or both is requested
- Any existing guardianship in another state
- An estimate of the person’s property and assets
After the court receives the application, it appoints an attorney ad litem to represent the proposed ward. This attorney reviews records, explains the process, discusses alternatives to guardianship, speaks for the person, protects their rights and ensures the court considers their wishes throughout the process.
When a ward can manage without guardianship
Guardianship is not necessarily permanent. If a ward’s condition improves or if support and services become available that allow the adult to regain independence, a court can modify or terminate the agreement.
The ward or any interested person can petition the court to restore full or partial rights. The court evaluates whether the individual now has sufficient capacity, with or without support and services, to manage the responsibilities previously assigned to the guardian.
Concerned family members can start consulting with an attorney familiar with guardianships early on. An attorney can provide insight and guidance on each of the steps a family may need to take to protect their loved ones.