How to Get Guardianship of an Adult in Texas
When Is Guardianship of an Adult Necessary in Texas?
Adult guardianship may be considered when a person cannot safely make certain personal, medical, or financial decisions because of a physical or mental condition.
Guardianship is a serious legal remedy because it can remove important rights from the adult, who is referred to as the proposed ward during the court proceeding. Texas courts must consider whether less restrictive alternatives could provide adequate protection before appointing a guardian.
Walter Law, PLLC helps families evaluate adult guardianship matters in San Antonio, Bexar County, and throughout Texas. Families can also review our broader guide explaining how guardianship works in Texas.
What Does Incapacitated Mean Under Texas Law?
An adult is not considered incapacitated merely because the person is elderly, has received a medical diagnosis, or makes decisions that family members disagree with.
The court evaluates whether a physical or mental condition substantially prevents the adult from:
Providing food, clothing, or shelter for themselves;
Caring for their physical health; or
Managing their financial affairs.
The inquiry focuses on the adult’s actual abilities and limitations. Someone may need assistance with finances while remaining capable of making medical or residential decisions. In appropriate cases, the court may establish a limited guardianship that removes only specifically identified rights.
Are There Alternatives to Adult Guardianship?
Before filing a guardianship application, the family should determine whether a less restrictive option can address the adult’s needs.
Potential alternatives may include:
A supported decision-making agreement;
A trust or management trust;
A representative payee for government benefits;
Advance medical directives;
Joint financial arrangements;
Community-based services; or
Assistance from willing family members.
Whether an alternative is sufficient depends on the adult’s capacity, existing legal documents, safety concerns, financial circumstances, and the authority needed.
Planning before incapacity may preserve more options. Our guide to starting estate planning in Texas explains documents that can help families prepare for future decision-making.
What Types of Adult Guardianship Are Available?
Guardian of the Person
A guardian of the person may receive authority over personal matters such as:
Medical care;
Living arrangements;
Support and maintenance;
Access to services; and
Other personal decisions authorized by the court.
Guardian of the Estate
A guardian of the estate manages the ward’s property and financial affairs. Responsibilities may include protecting assets, managing income, paying authorized expenses, maintaining records, and requesting court approval for certain transactions.
Read more about the differences between a guardian of the person and guardian of the estate.
Limited Guardianship
A limited guardianship grants only the powers necessary to address the adult’s demonstrated limitations. The adult retains rights and decision-making authority that the court does not specifically remove.
Guardian of Both Person and Estate
The court may appoint one person to serve in both roles or appoint different individuals to manage personal and financial matters.
How Do You Obtain Guardianship of an Adult in Texas?
Step 1: Evaluate the Adult’s Needs
Before filing, identify which decisions the adult cannot safely make, whether immediate risks exist, what assistance is already available, whether valid legal documents exist, and whether a less restrictive alternative could work.
Step 2: Obtain Appropriate Medical Evidence
Adult guardianship cases generally require current medical evidence addressing the proposed ward’s condition and functional abilities. A diagnosis alone may not establish incapacity. The evidence should explain how the condition affects the adult’s ability to make or communicate decisions.
Step 3: File a Guardianship Application
The case begins with an application filed in the appropriate Texas court. The application provides information about the proposed ward, proposed guardian, alleged incapacity, requested powers, property, existing legal documents, known relatives, and alternatives that have been considered.
Step 4: Provide Required Notice
The proposed ward and other individuals identified by law must receive notice of the proceeding. These requirements protect the proposed ward’s due-process rights and allow interested people to participate.
Step 5: Appointment of an Attorney Ad Litem
The court appoints an attorney ad litem to represent the proposed ward. Depending on the case, the court may also appoint an investigator, guardian ad litem, or another professional.
Step 6: Court Investigation and Hearing
The court reviews the evidence, considers possible alternatives, and conducts a hearing. The judge determines whether guardianship is necessary, whether the proposed guardian is eligible, and which rights or powers should be transferred.
Step 7: Guardian Qualification
The selected guardian may need to complete training, take an oath, obtain a bond, complete a background check, and satisfy other requirements before receiving authority.
Can an Adult Contest the Guardianship?
Yes. The proposed ward or another interested person may dispute:
Whether the adult is incapacitated;
Whether guardianship is necessary;
The amount of authority requested;
Whether a less restrictive alternative would work;
Who should serve as guardian; or
Whether the proposed guardian is eligible or suitable.
A contested guardianship may require additional witnesses, discovery, medical evidence, and hearings. Family agreement does not eliminate the court’s responsibility to protect the proposed ward’s rights.
Who May Serve as Guardian?
A qualified family member, another suitable individual, a private professional guardian, or an appropriate organization may potentially serve.
The court considers statutory priorities, the proposed ward’s preferences, possible conflicts of interest, criminal history, qualifications, and the person’s ability to perform the required duties.
The person preferred by the family is not automatically entitled to appointment. The court must determine that the proposed guardian is eligible and that the appointment is appropriate.
What Responsibilities Does an Adult Guardian Have?
A guardian is a fiduciary and must act within the authority granted by the court.
Responsibilities may include:
Protecting the ward’s health, safety, and welfare;
Managing property prudently;
Keeping guardianship funds separate;
Maintaining complete records;
Filing annual reports or accountings;
Obtaining court approval before certain actions;
Informing the court about significant changes;
Encouraging appropriate independence; and
Protecting the ward’s remaining legal rights.
Guardianship remains subject to continuing court supervision after the initial hearing.
How Long Does Adult Guardianship Last?
Adult guardianship may continue until:
The ward regains sufficient capacity;
The court determines that guardianship is no longer necessary;
A less restrictive alternative becomes sufficient;
The ward dies; or
Another legal basis for termination exists.
The court may also modify the guardianship if the ward’s abilities or needs change. Rights may be restored, and the guardian’s authority may be reduced when appropriate.
How Much Does Adult Guardianship Cost?
Costs vary depending on:
Whether the case is contested;
Filing and service fees;
Medical-evaluation expenses;
Attorney-ad-litem fees;
Court-investigator or guardian-ad-litem fees;
Bond premiums;
The size and complexity of the estate; and
Continuing reporting or accounting requirements.
Because every case is different, families should obtain advice based on the particular adult’s needs, property, and family circumstances.
Common Questions About Adult Guardianship in Texas
Can I obtain guardianship of a parent with dementia?
Possibly, but a dementia diagnosis does not automatically establish incapacity. The court considers how the condition affects the parent’s abilities and whether less restrictive alternatives can provide adequate protection.
Does a power of attorney prevent guardianship?
Not necessarily. A valid power of attorney may reduce the need for guardianship, but its effectiveness depends on its terms, the authority required, and whether the agent is available and acting appropriately.
Can an adult have both a guardian of the person and a guardian of the estate?
Yes. One individual may fill both roles, or the court may appoint different people to manage personal and financial matters.
Can adult guardianship be limited?
Yes. A limited guardianship may remove only the rights necessary to protect the adult while allowing the person to retain other decision-making authority.
Can a guardian place an adult in a care facility?
The answer depends on the authority granted by the court, the ward’s needs, and applicable legal requirements.
Can a guardian sell the ward’s home?
A guardian of the estate may need court authorization and must follow applicable procedures before selling the ward’s property.
Can guardianship be reversed?
The court may modify or terminate guardianship if the ward’s capacity improves or guardianship is no longer necessary.
Is adult guardianship permanent?
Not always. Guardianship can be reviewed, modified, or terminated when circumstances change.
Clear Guidance for Texas Families
Adult guardianship can protect a vulnerable person, but it can also remove fundamental legal rights and create continuing responsibilities for the guardian. Families should carefully evaluate the adult’s needs, available alternatives, and the authority being requested before beginning the process.
Walter Law, PLLC assists families with adult guardianship matters in San Antonio, Bexar County, and throughout Texas. Learn more about our San Antonio guardianship services or contact Walter Law to schedule a consultation.
This page provides general information and does not constitute legal advice. Guardianship requirements depend on the facts of each case and applicable Texas law.