What You Need to Know About Guardianship in Texas
What is Guardianship?
Guardianship is a legal process that allows a person or an entity to make decisions and act on behalf of another person who is unable to do so for themselves. Guardianship is usually granted by a court when a person is incapacitated due to age, illness, injury, or disability. Guardianship can also be granted for a minor child who needs a legal representative.
What are the Types of Guardianship in Texas?
There are two main types of guardianship in Texas: guardianship of the person and guardianship of the estate. Guardianship of the person gives the guardian the authority to make personal decisions for the ward, such as where to live, what medical care to receive, and what education to pursue. Guardianship of the estate gives the guardian the authority to manage the ward’s financial affairs, such as paying bills, collecting income, and investing assets. A guardian can be appointed for both the person and the estate, or for either one separately.
Who Can Be a Guardian in Texas?
According to the Texas Estates Code, anyone who is at least 18 years old, a resident of Texas, and not disqualified by the court can be a guardian. The court will consider the best interests of the ward when choosing a guardian, and will give preference to certain relatives, such as the spouse, parents, adult children, or siblings of the ward. The court can also appoint a professional guardian, a public guardian, or a guardianship program to serve as a guardian. The court can also appoint a temporary guardian in an emergency situation.
What are the Duties and Responsibilities of a Guardian in Texas?
A guardian in Texas has a fiduciary duty to act in the best interests of the ward and to protect the ward’s rights and well-being. A guardian must also follow the court’s orders and report to the court regularly on the status of the ward and the guardianship. Some of the specific duties and responsibilities of a guardian in Texas include:
- Providing for the ward’s care, comfort, and maintenance
- Consenting to or withholding consent for the ward’s medical treatment
- Applying for and receiving benefits and services for the ward
- Keeping the ward’s property separate from the guardian’s property
- Keeping accurate records of the ward’s income and expenses
- Filing annual reports and accountings with the court
- Obtaining court approval for certain actions, such as selling the ward’s property, making gifts, or changing the ward’s residence
How to Become a Guardian in Texas?
To become a guardian in Texas, you must file an application for guardianship with the probate court in the county where the ward lives or where the ward’s property is located. You must also serve notice of the application to the ward and other interested parties, such as relatives, creditors, or agencies. The court will then appoint an attorney ad litem to represent the ward’s interests, and may also appoint a guardian ad litem to investigate the need for guardianship. The court will also schedule a hearing to determine the ward’s incapacity and the suitability of the proposed guardian. The court may require the proposed guardian to complete a criminal background check, a credit check, and a guardianship training course. If the court grants the guardianship, the guardian must take an oath and post a bond, if required by the court.
Law Offices of Daniel J. MacNeil, PLLC can Help with a Guardianship Matter
If you are interested in becoming a guardian or need legal assistance with a guardianship matter, you may consult with our Texas guardianship attorney. Law Offices of Daniel J. MacNeil, PLLC can help you with the following:
- Preparing and filing the application for guardianship
- Representing you at the guardianship hearing
- Advising you on your duties and responsibilities as a guardian
- Assisting you with the guardianship reports and accountings
- Defending you against any challenges or complaints regarding the guardianship
- Modifying or terminating the guardianship, if necessary