In Texas, guardianship is a court-supervised legal relationship in which a guardian is appointed to make personal and/or financial decisions for a ward — a person determined by the court to lack capacity to make these decisions for themselves. There are two types: guardianship of the person (personal care decisions, including medical and placement decisions) and guardianship of the estate (financial decisions). Both can be granted to the same or different individuals.

Guardianship is necessary when: an older adult lacks decision-making capacity; no valid healthcare or financial power of attorney document exists; and decisions must be made about their care, safety, or finances. Common situations: a person with advanced dementia who never executed a POA; a person who has had a stroke severely affecting judgment; or a situation where an existing POA is inadequate or being misused.

Power of attorney is a voluntary legal document created by the person while they have capacity, designating a trusted agent. Guardianship is court-imposed after the person has lost capacity. POA is private, immediate, and inexpensive. Guardianship is public, court-supervised, slow, and expensive. Guardianship is always preferable to avoid — having valid POA documents in place before incapacity is the best way to prevent the need for guardianship.

A guardianship proceeding begins with filing an application in the probate court in the county where the proposed ward resides. The court appoints a guardian ad litem and a physician to evaluate capacity. A hearing is held where evidence is presented. If the court determines the person lacks capacity and guardianship is appropriate, it issues letters of guardianship. The process typically takes two to four months and costs $2,000 to $5,000+ in attorney fees.

Any qualified adult may apply to be appointed guardian. Priority is typically given to: the proposed ward’s spouse; adult children; parents; siblings; and other relatives. A court-appointed guardian (a professional guardian) may be used when no qualified family member is available or when family members are in conflict. Professional guardians in Texas must be certified by the Texas Guardianship Certification Board.

A guardian of the person makes decisions about the ward’s living situation, medical care, personal needs, and welfare. This includes: consenting to medical procedures; authorizing placement in a care facility; managing day-to-day personal care decisions; and ensuring the ward’s physical and emotional well-being. The guardian must act in the ward’s best interests and is supervised by the court through annual reporting requirements.

A guardian of the estate manages the ward’s financial affairs: paying bills, managing bank accounts, filing taxes, managing investments, and making financial decisions for care. Unlike a durable financial POA (which is private), the guardian of the estate must file an inventory with the court and submit annual accountings of income and expenditures. This court oversight is designed to protect vulnerable wards from financial exploitation.

Texas law favors the least restrictive guardianship necessary to protect the person. A limited guardianship grants the guardian authority only over specific areas where the person lacks capacity — for example, financial decisions only, while the person retains the right to make their own personal care decisions. Limited guardianship preserves as much of the ward’s autonomy as possible while providing protection where needed.

Emergency guardianship can be granted by a Texas court when there is an immediate risk to the proposed ward’s health, safety, or finances that cannot wait for the full guardianship process. An emergency guardian can be appointed at a temporary hearing within days. Emergency guardianship is appropriate when: an incapacitated person is being financially exploited; there is immediate danger to physical health; or urgent medical decisions must be made.

Yes. The proposed ward and other interested parties (family members) have the right to contest a guardianship application. Common contests include: disagreement about whether the person actually lacks capacity; disputes over who should serve as guardian; concerns that the applicant is seeking guardianship for self-interested reasons. A contested guardianship hearing can become adversarial and expensive. Court-ordered mediation is sometimes used to resolve contested cases.

A guardian of the person must file an annual report with the court describing the ward’s current condition, residence, care situation, and any significant changes. A guardian of the estate must file an annual accounting of all financial transactions. The court reviews these reports and may order the guardian to appear in court for explanations. Failure to file required reports can result in removal of the guardian.

Yes — several less restrictive alternatives: a valid durable power of attorney and healthcare power of attorney; a supported decision-making agreement (Texas law recognizes these) in which the person makes their own decisions with the support of trusted helpers; a representative payee for Social Security management; and medical consent by next of kin for healthcare decisions in some circumstances. Always explore alternatives before pursuing guardianship.