Texas Guardianship Guide

Guardianship of a minor is a legal arrangement in which a court appoints an adult (the guardian) to care for a child and make decisions regarding the child's welfare, education, and health when the child's parents are unable or unavailable to do so. A common situation would be where both parents are deceased, drug-impaired, or incarcerated.

If at least one parent can still make decisions for the child, a guardian is usually not required. In some situations, however, a third party may still require a parent to be legally appointed guardian for the administration of assets for the child.

Typically, any responsible adult (often a relative, family friend, or another trusted individual) may be appointed if they are deemed capable and it’s in the child’s best interests. Courts usually prefer someone familiar to the child.

Parents can nominate a guardian in a Will or other legal document, specifying who should care for their child if they pass away or become incapacitated. Courts generally honor these wishes unless the nominee is unfit.

The person seeking guardianship must file a petition in family or probate court. The court reviews the evidence, appoints a guardian ad litem to represent the child’s interests, and holds a hearing before issuing a guardianship order.

Guardianship may also be granted if the child’s parents have both passed away, and the parents chose the guardian in their Will.

No. Guardianship does not end all parental rights forever.

If the parents are both alive when guardianship is established, they retain the right to seek custody and management of the child’s assets if circumstances change; however, the guardian has primary legal responsibility throughout the guardianship.

There are two types of guardians: 1) a guardian of the person, who is responsible for the child’s housing, education, medical care, and overall well-being, and 2) a guardian of the estate, who is responsible for the financial management of the child’s assets. They can be the same person or different individuals. Both must act in the child’s best interests and must submit annual reports to the court.

It lasts until the child turns 18, unless the court ends it earlier (for example, if a parent regains custody or the guardian becomes unable to serve). It cannot be extended beyond age 18 if the only reason for the guardianship was the child's minority status. It could be extended longer, however, if the child had a physical or mental disability that justified a continued guardianship.

Generally, a guardian must obtain court approval before moving a minor out of state, since jurisdiction and oversight belong to the court that appointed the guardian.

If a court appoints a guardian for a child and another individual believes that person is unfit or not the right choice, they have several legal options to challenge or change the guardianship.

They can:

1. File a petition to remove or replace the guardian.
2. Present evidence showing unfitness or changed circumstances.
3. Request visitation or co-guardianship as an interim step.
4. Appeal the original decision, if appropriate.
5. Work with legal counsel to ensure the child’s best interests are represented.

There are typically two kinds:

• Guardian of the Person – makes healthcare, living, and personal decisions.
• Guardian of the Estate – manages finances and property.

One individual may serve in both roles.

In Texas, a petition is filed with the probate court, which must be accompanied by a certificate of physician’s examination detailing the nature and extent of the person’s incompetence or impairment. The court must appoint an attorney ad litem to represent the interests of the incompetent adult. The attorney ad litem may or may not meet with the incompetent adult (legally referred to as “the Ward”) and file a report with the court stating their opinion as to the nature and extent of the Ward’s incompetence.

The court then holds a hearing to determine whether the person is legally incompetent, to what extent, whether a guardianship is necessary, and whether the applicant is an appropriate person to be appointed guardian of the person, estate, or both.

READ: How Much Does It Cost To Set Up A Guardianship?

Deciding whether it’s time to apply for guardianship over a family member or other adult is a serious, often difficult decision. Below are key indications that guardianship might be appropriate.

• They consistently cannot make sound decisions about their health, living arrangements, finances, or daily care.
• They are neglecting basic needs (food, medication, hygiene, safe living environment) or you see safety risks (falls, wandering, living alone when unable).
• They show signs of cognitive decline, dementia, confusion, memory loss, or inability to communicate decisions.
• They are making serious financial mistakes, are vulnerable to scams, are not paying bills, or are withdrawing large sums without a reasonable explanation.
• There’s no viable less-restrictive alternative (power of attorney, supported decision-making, home care), or those alternatives aren’t sufficient to protect them.

If you’ve been appointed (or are considering becoming) a guardian for an adult who’s been found incompetent in Texas, it’s important to understand the scope of your responsibilities. These vary based on the type of guardian you would be: guardian of the person (personal care) or guardian of the estate (financial/property).

Responsibilities Of A Guardian Of The Person

When you're responsible for the Ward’s personal and day-to-day care, you must:

• Ensure the Ward has appropriate housing, food, clothing, and medical care. This means arranging safe living conditions, overseeing help or caregiving if needed.
• Make or supervise decisions regarding healthcare, therapies, medications, treatments, and living arrangements (e.g., assisted living, nursing facility, home care) that are consistent with the ward’s needs and the court order.
• Monitor the Ward’s living conditions, personal safety, and welfare; ensure they are not subject to neglect, abuse, or exploitation.
• Recognize the Ward’s rights and preferences to the extent possible. Being a guardian doesn’t mean the Ward has no voice. You should include the Ward in decisions when feasible.

Responsibilities Of A Guardian Of The Estate

When you have authority over the ward’s finances or property, you must:

• Take inventory of the Ward’s assets and property, and file required documentation with the court.
• Manage the Ward’s income, bank accounts, investments, property, bills, tax filings, etc., prudently and according to the court’s orders. You must keep the Ward’s funds separate from your own. You should keep good records of all financial matters.
• Get court approval for major transactions when required (e.g., selling real estate, making large investments). Meet with an attorney to ensure you are complying with local rules when applicable.
• File annual accountings and reports to the court on the Ward’s financial status, income, expenditures, and property management.

If you are older or suffering from a health condition that could put you at risk of becoming mentally or physically incapacitated in the future, you probably worry about being a burden to your family. You also want to ensure your best wishes are respected.

Pre-planning is necessary to avoid needing a guardianship. A statutory durable power of attorney should be drawn up to appoint an agent to act on your or their behalf. The key here is that the power of attorney must be drawn up before mental incompetence sets in.

Read my blog HERE to learn more about drawing up a statutory durable power of attorney.

Yes. Guardianship can end if the person regains capacity, dies, or if the court finds the guardian is no longer needed or suitable. The Ward or any interested party may petition for review of the need to continue the guardianship.

It is also possible to apply for a temporary guardianship if the condition requiring guardianship will only be temporary.

READ: Should You Look At A Temporary Guardianship For An Impaired Relative?

Courts require annual reports or accountings from guardians detailing the ward’s condition, finances, and major decisions. Judges may review these reports or hold hearings to ensure compliance with Texas regulations.

Under the Texas Estates Code Chapter 1202 (“Modification or Termination of Guardianship”), the statute provides for situations in which a Ward is found by the court to have regained “full capacity, or sufficient capacity with supports and services, to care for himself or herself and to manage the … property.”

If you (or another party) believe the ward has recovered capacity, here is the usual process:

1. File a petition in the probate/guardianship court requesting that the Ward’s capacity be restored and the guardianship modified or terminated.
2. Notification and investigation: The Ward must be given notice, and the court may appoint an investigator, attorney ad litem, or have a medical evaluation to assess capacity.
3. Court hearing & findings: The judge will review evidence (medical, functional ability, living situation, finances) and determine whether the Ward truly has capacity (or sufficient capacity with supports).

Once the order is entered, the guardian’s authority ends (or is reduced, if a partial restoration) and the Ward resumes decision-making rights. The guardianship is closed or modified.

“Regaining capacity” doesn’t always mean the Ward regained full independence. The court may determine that the Ward has sufficient capacity, with supports and services, to manage some or all of the tasks themselves. That means the guardianship might be modified (limited) rather than fully terminated.

Guardianship becomes necessary when an adult is unable to safely manage their own personal, financial, or medical affairs, even with less restrictive options, such as powers of attorney or supported decision-making.

A parent, relative, friend, or professional guardian may serve, provided they are willing and qualified. Courts prioritize those who know the adult well and will act in their best interests.

Alternatives include powers of attorney, representative payees, supported decision-making agreements, and joint bank accounts, all of which allow for some autonomy while providing the necessary support.

The guardian must ensure the person’s basic needs are met (including healthcare, housing, and safety) and may manage finances if appointed as a guardian of the estate. They must report regularly to the court.

Yes. Guardianship can limit the person’s ability to make independent decisions about medical care, living arrangements, or finances. Courts strive to tailor guardianships to restrict rights only as necessary.