Guardianship In Texas
Last updated on February 12, 2025
To ensure asset control in the effective guardianship of a minor or senior relative with a mental health disorder, you should speak with an experienced guardianship attorney.
Russell Aldrich founded our estate planning law office to benefit people just like you — individuals and couples seeking adequate long-term care for minor children or family elders who have special needs.
Guardianships are expensive, time-consuming and complex legal matters. Guardians of the person and estate frequently require the assistance of a probate attorney specializing in guardianship law. We will answer all of your questions, comfort your concerns and guide you smoothly through the legal process. Contact us to arrange your consultation.
Experienced, Attentive, Efficient
There are two types of guardians in the state of Texas — a guardian of the person and a guardian of the estate. Guardians of the person are appointed to make decisions related to the well-being and care of a person, with responsibilities that include:
- Providing for the care, supervision and protection of the ward
- Arranging medical care for the ward
- Arranging for the placement of the ward in long-term facilities or hospitals
- Making medical decisions
Guardians of the estate are appointed to make decisions related to the ward’s finances. This guardian’s responsibilities are:
- Taking possession of the ward’s assets
- Making decisions related to the management and investment of assets
- Collecting rents, claims and debts owed to the ward
- Enforcing legal obligations owed to the ward
- Defending the ward in any legal actions pending against him or her
Many people do not realize that a biological parent is not the default guardian of a minor child’s estate. If a minor child is named as a beneficiary without the proper estate planning, a biological parent cannot collect any assets or funds on behalf of the minor child. The parent must qualify as the guardian of the estate of the minor child first.
Do You Have Questions About Guardianships? We Have Answers.
Guardianship law is complex, and there are extremely high stakes. We often handle questions and problems for people seeking guardianship for one reason or another. If you need help with such a petition, we can help you, and we want to speak with you. However, to help you get started, here are three questions we frequently get about guardianships:
When does someone need a guardianship?
Guardianships are for people who cannot manage their own financial or personal affairs. This can include:
- Minor children
- Disabled adults
- Incapacitated elders
These are individuals who lack legal or mental capacity to take care of themselves and thus need a third party to take on that role.
Does a guardianship override power of attorney in Texas?
Power of attorney and guardianship are very similar, in that it allows an individual the ability to make personal and financial decisions for another. However, power of attorney is granted to a person by the individual, and guardianship is awarded by the state. If the state finds that a guardianship is necessary, it will invalidate any power of attorney.
How do I file for guardianship in Texas?
Filing for a guardianship in Texas is a complex process, with many steps. The first step is filing an application with the court. From there, the court will hold a hearing to review the nature of the guardianship application. If the court comes to the conclusion that there is a need for a guardian, it will appoint one.
However, this is a simplistic overview of the process. If you need more information about pursuing guardianship, please reach out to our firm.
Get The Information You Need To Make Wise Choices
Our firm is here to pursue the smart course of action for you and your family. We will work with you to figure out exactly how to make that work. Contact Aldrich Law Firm, PLLC. Your initial consultation can be arranged right now at (210) 418-1150 or by email message.
