How Guardianships Help You Care for Your Family

When you are responsible for an incapacitated person, you are under an immense burden. There are many moments when you have no legal standing to help them. But it does not have to be that way.

I am attorney John Elliott, and I can help you attain guardianship of your incapacitated family members so that you can care for them in the way that they need. At my firm, Elliott Estate Law, PLLC, I guide clients across Greater Houston through the complicated guardianship process, including:

• Representing guardians of the person and estate from initiating the guardianship process, to administering the guardianship, to closing the guardianship
• Establishing court-created trusts
• Guardianship and court-created trust accountings
• Alternatives to guardianship

I offer my experience as a certified estate planning and probate specialist and my compassion as we move forward.

A Brief Overview of Guardianship

A guardianship under Texas law is a legal relationship between an incapacitated person and the person legally responsible for them. The incapacitated person is called a “ward.” Naturally, the person who cares for them is called their “guardian.” This is often an ideal situation for:

• Adult children with special needs
• A person who has suffered severe brain injuries
• An elder relative who is unable to perform day-to-day activities
• A person with severe mental illness

Guardianship is for legal adults, and guardians have a massive amount of control over their wards. For that reason, pursuing guardianship is not something to consider lightly.

How Do I Become a Guardian for My Loved One?

To become a guardian, you must apply through the state. Once done, the state of Texas will require an investigator to look into the matter. That investigator will speak with:

• The proposed ward
• Medical providers
• Other family members

They will review the situation thoroughly before recommending that anyone become the guardian for the ward. Their primary concern is deciding what is in the incapacitated person’s best interests.

Answers to Important Guardianship Questions In Texas

What Is a Guardianship, and How Does It Differ From a Power of Attorney or a Conservatorship?

A guardianship gives a guardian legal power to manage the daily and financial needs of an incapacitated adult. The court defines the guardian’s duties, sets reporting dates and checks every filing to confirm proper care. This structure protects the ward and still keeps the rights that the court does not limit.

Texas law recognizes two main types of guardians. A guardian of the person makes personal and medical decisions for the ward, such as where they live or what care they receive. A guardian of the estate manages property, income and financial matters. Depending on the situation, a judge can name the same individual to handle both personal and financial responsibilities or appoint different people for each.

A person with capacity can sign a power of attorney, or POA, to allow another person to act on their behalf. That authority ends when the person revokes it or loses capacity unless the document specifies that it remains effective. A durable POA stays valid even if the person later becomes incapacitated, while a nondurable POA ends when the person can no longer make decisions. When a judge decides that someone cannot make or communicate decisions, the court installs a guardianship to replace voluntary authority with direct oversight.

In Texas, a conservatorship usually applies to child custody under the Family Code. When an adult needs help because of incapacity, the Estates Code controls how guardianships start and how courts review each one.

Who Can Petition for Guardianship?

Any person can file a petition in the county where the proposed ward lives or owns property. The application must describe the person’s condition, name close relatives and show why less restrictive options cannot protect the person. Courts often appoint a family member, but may choose a friend, lawyer or certified professional guardian when no relative qualifies.

A potential guardian must meet several conditions. They must be at least 18, meet eligibility rules under the Estates Code and pass a background check. A nonresident may serve as a guardian by naming a Texas resident agent for service of process. The court can require the guardian to attend training, post a bond and swear an oath before taking responsibility.

A physician must prepare a certificate describing the ward’s medical condition, and an attorney ad litem must represent the proposed ward during the hearing. An attorney ad litem is a lawyer the court appoints to protect the ward’s interests, explain the process and make sure their rights stay secure. Once the court issues the order, the guardian must file an inventory of assets and submit yearly reports on care, housing and spending.

What if Family Members Disagree? Can Someone Contest or End a Guardianship?

Relatives sometimes argue about who should serve or whether a guardianship should continue. Any interested person, including the ward, can challenge the petition or ask the court to remove a guardian who misuses funds, ignores duties or fails to file reports. The judge reviews the evidence and selects a new guardian when the facts justify a change.

A guardianship ends when the ward regains capacity, turns 18 or no longer needs supervision. The guardian files a final accounting, and the court closes the case after confirming compliance. When the ward dies, the guardian transfers assets to the estate’s representative. A guardian who blocks the ward’s contact with the court or relatives may be removed and could face sanctions; in urgent cases, courts can act quickly to protect the ward.

Reach Out to Learn More About Guardianship

The laws and restrictions around guardianships are complicated. You should not make any move without first knowing what is ahead. I will personally educate you on everything you need to understand about guardianship and advise you on how to best move forward, if necessary.

Contact my firm by calling (281) 990-1990 or using this online form.