Guardianship Laws in Texas

Guardianship is a legal relationship established by a court to protect individuals who are incapacitated and unable to manage their personal or financial affairs. The purpose of guardianship is to promote and protect the well-being of the ward while safeguarding their rights and encouraging the development of maximum self-reliance and independence.

In Texas, the legal framework governing guardianship is primarily codified in the Texas Estates Code, which outlines the procedures for appointment, duties, and oversight of guardians. Guardianships are most commonly used in situations where an elderly person is developing dementia—particularly Alzheimer’s disease—and can no longer safely handle financial or medical decisions. They may also be necessary for adults with severe intellectual or developmental disabilities, or for minors whose parents are deceased, incarcerated, or otherwise unavailable.

For example, a grandmother might be appointed guardian of her teenage grandchildren, or a court may assign a guardian to oversee the estate of a young adult injured in a car accident and left with cognitive impairments. While each case is unique, the unifying factor is that the proposed ward is no longer capable of acting in their own best interest without legal oversight.

Legal Standard for Incapacity

A guardianship may be established only if a court finds, by clear and convincing evidence, that the proposed ward is incapacitated. Under Texas law, an adult is considered incapacitated if, because of a physical or mental condition, they are substantially unable to provide food, clothing, or shelter for themselves, to care for their own physical health, or to manage their financial affairs.¹

The court must also find that the appointment of a guardian is in the best interest of the proposed ward and that alternatives to guardianship have been considered and found insufficient.²

Types of Guardianships

Texas law recognizes two primary types of guardianships: guardianship of the person and guardianship of the estate. A guardian of the person is responsible for decisions relating to the ward’s physical care, living arrangements, and medical treatment.³ A guardian of the estate, by contrast, manages the ward’s property and financial affairs, including the collection of income, payment of debts, and investment of assets. In some cases, the same individual or entity may serve as both.

Guardianships may also be limited or full. A limited guardianship allows the court to tailor the guardian’s powers to address specific areas where the ward requires assistance, preserving as many rights as possible.⁴ A full guardianship confers broader authority and is granted only when the ward is entirely unable to make decisions or manage any aspect of their affairs.

Procedural Requirements

The guardianship process begins with the filing of an application in a statutory probate court or county court with probate jurisdiction. The application must include a certificate of medical examination or other professional evaluation of the proposed ward’s condition, conducted within the past 120 days.⁵ Notice must be provided to the proposed ward and to other interested parties, and the ward has the right to be represented by an attorney ad litem.⁶

A court investigator or guardian ad litem may be appointed to conduct an independent assessment and make recommendations to the court.⁷ The proposed ward has the right to a jury trial upon request.⁸ The court must find by clear and convincing evidence that the statutory requirements for guardianship are met and that no less restrictive alternatives are sufficient.

Duties and Responsibilities of Guardians

Guardians in Texas are fiduciaries and must act in the best interest of the ward. They are subject to court supervision and must file annual reports on the ward’s condition and, in the case of guardians of the estate, annual accountings of financial transactions.⁹ Guardians must also complete mandatory training and may be required to post a bond.¹⁰

Certain actions by a guardian require prior court approval, including the sale of real property, withdrawal of funds from the ward’s account, or placement of the ward in a more restrictive residential facility.¹¹

Alternatives to Guardianship

Texas law encourages the use of alternatives to guardianship whenever possible. These may include:

• Statutory Durable Power of Attorney (Texas Estates Code § 751.0021)
• Medical Power of Attorney (Texas Health and Safety Code § 166.164)
• Supported Decision-Making Agreements (Texas Estates Code Chapter 1357)
• Management Trusts (Texas Estates Code § 1301.001)

These tools allow individuals with diminished capacity to retain greater autonomy while receiving necessary support, and courts are required to consider their adequacy before appointing a guardian.

Termination and Modification

A guardianship may be terminated if the ward regains capacity, dies, or if the court determines that the guardianship is no longer necessary.

A ward may petition the court “by informal letter” for modification or termination, and the ward is entitled to legal representation during such proceedings.¹² Parties who knowingly interfere with the transmission of such a letter to the court may be adjudged guilty of contempt of court. This procedural safeguard ensures that wards have a direct line of communication to judges, even without legal counsel, should they seek to terminate or modify their guardianship.

Guardians who fail to perform their duties may be removed for cause, including mismanagement of funds, neglect, or abuse of authority.¹³ Upon removal, the court may appoint a successor guardian or take other actions necessary to protect the ward’s interests.

Sources and Citations

1. Texas Estates Code § 1002.017 ↩︎
2. Texas Estates Code § 1101.101(a)(1)(D)–(E) ↩︎
3. Texas Estates Code § 1151.051 ↩︎
4. Texas Estates Code § 1001.001 ↩︎
5. Texas Estates Code § 1101.103 ↩︎
6. Texas Estates Code § 1051.104 ↩︎
7. Texas Estates Code § 1054.151 ↩︎
8. Texas Estates Code § 1055.052 ↩︎
9. Texas Estates Code Chapter 1163 ↩︎
10. Texas Estates Code §§ 1104.202, 1105.002 ↩︎
11. Texas Estates Code §§ 1158.001–1158.204 ↩︎
12. Texas Estates Code § 1202.054 ↩︎
13. Texas Estates Code §§ 1203.051–1203.057 ↩︎