Addressing Legal Guardianship In Texas
When someone (called a ward) enters into a guardianship in Texas, the guardian has legal authority to make certain decisions on that person’s behalf. They are obligated to put the ward’s best interests first, but the guardian has certain powers that they would not otherwise have. Guardianships are often used for minor children, or for aging adults who may be dealing with incapacitation due to health conditions like Alzheimer’s or dementia.
If you have questions about guardianship in Texas, Early Law Firm can help. Our Colleyville guardianship lawyer, Steven Early, has over 25 years of experience with this complex area of the law. As an attorney, he is dedicated to helping families and aging individuals explore all potential legal options.
Three Types Of Guardianship In Texas
A full guardianship means that the guardian has complete control over all decisions being made on the other person’s behalf. This could include financial decisions and medical decisions.
A limited guardianship grants the designated guardian powers in just one key area. For instance, they may be authorized to make medical choices, but not have the ability to make financial or legal decisions.
A temporary guardianship can sometimes be used if it is an issue of short-term incapacitation. An elderly person may experience a health event, introducing the need for a guardian until they recover.
Guardianships For Minors Or For Adults
A guardianship can be put into place for both minors and adults. In an estate plan, parents can pick a trusted guardian to raise and care for the children until they turn 18, in case they pass away unexpectedly. With an older adult, the issue is often some level of physical, mental or cognitive decline, and guardianship is used to define who can make decisions and offer assistance.
Frequently Asked Questions About Guardianship In Texas
Guardianship matters can be sensitive and challenging, making it common to feel concerned. The following information addresses frequent concerns and outlines key Texas legal standards in a clear and practical way.
Can A Guardian Be Removed?
Yes, if the guardian is not acting in the ward’s best interests, the guardianship could be challenged. Perhaps other family members think that the guardian is abusing their position for financial gain, for example, or making medical decisions that do not align with that person’s stated wishes. The process involves petitioning the court to remove the guardianship.
Are grandparents able to pursue guardianship of their grandchild in Texas?
Yes. Texas allows grandparents to seek guardianship when the child’s parents are unable to provide safe and consistent care. The court will review the child’s circumstances carefully and determine whether guardianship is necessary to protect the child’s well‑being.
The grandparents must show that the guardianship will help support the child’s needs and that no less restrictive option is available to meet those needs. The judge will evaluate all evidence before deciding whether to appoint a grandparent as guardian.
Can someone who is not related to the ward serve as guardian?
Yes. A nonrelative may serve as guardian if the court finds that the proposed individual can adequately fill the role and be able to meet the ward’s needs. Generally, Texas law sets a priority list for potential guardians, but the court may appoint a nonfamily member when doing so would best protect the ward.
The proposed guardian must demonstrate that they can manage the required duties and follow all reporting and oversight rules. The court focuses on the ward’s safety and stability when making this decision.
What evidence does a Texas court require to determine that an adult lacks capacity?
In Texas, courts rely on specific evidence before finding that an adult lacks capacity. A Physician’s Certificate of Medical Examination, known as a PCME, is required and must be completed by a qualified medical professional. The PCME should describe the person’s functional limitations and their ability to make decisions.
The court also appoints an attorney ad litem to meet with the proposed ward and provide an independent assessment. Testimony, medical records and the ad litem’s findings help the judge decide whether guardianship is necessary. These steps help ensure that the court receives reliable information before making decisions that limit an adult’s rights.
Can a proposed ward challenge a Texas guardianship proceeding?
Yes. A proposed ward has the right to oppose the request for guardianship. This generally involves expressing their wishes to the court, presenting evidence and working with the court‑appointed attorney ad litem. The ad litem must advocate for the proposed ward’s stated position unless doing so would violate their legal duties.
In guardianship challenges, judges consider the potential ward’s objections along with other evidence. This gives the proposed ward a meaningful voice in the process and helps ensure the court evaluates the request carefully.
Call For A Consultation
If you have any questions about guardianship in Texas, call 817-605-8880 or use the online contact form to set up your initial consultation today. Let a skilled attorney guide you.