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Who Can Apply to Be the Guardian?

Family members are usually the ones seeking guardianship, but someone else can seek guardianship. The applicant should be trustworthy and care about protecting their loved one. The applicant must also have the following qualifications:

  • Relationship or Concern for Ward: The court will look for evidence that the applicant is truly concerned about the well-being of the person.
  • Age and Capacity: The applicant needs to be at least 18 years old and cannot have a criminal record (excluding minor offenses) or have a history of certain offenses.
  • Background Check: The court might require a background check.
  • Residency: The applicant must be a resident of Texas (some exceptions may apply).
  • Adequate Knowledge and Ability: The applicant should have the necessary guardianship knowledge and skills to care for the ward. They may also be required to be certified through the Judicial Branch Certification Commission (JVCC) for Guardianship Training.

Can There Be More Than One Guardian? Can an Entity Be a Guardian?

Yes, there can be more than one guardian of a single ward. Examples may include spouses or siblings who seek co-guardianship. All people who are applying to be guardians must meet the requirements.

An organization or company can possibly serve as a guardian, subject to approval by the court. Professionals can also be paid to serve as guardians.

Are there Alternatives to Guardianship?

Guardianship should be the last choice because it takes away a person’s rights. Be sure to think about the following questions when deciding if guardianship is right for your loved one’s situation:

  • Have you attempted a less restrictive option? Would it be worth trying it again?
  • Is the person able to make decisions for themself?
  • Is the person able to communicate with caregivers?
  • Is there a person who is legally able to make decisions for them?

Some alternative options to guardianship include:

  • Medical and Durable Power of Attorney: There are two types of attorney, including a medical power of attorney and a statutory durable power of attorney. The former covers medical decisions, while the latter handles financial decisions.
  • Supported Decision Maker: Is the person able to make decisions if they have help from a “supported decision maker”?
  • Money Management Programs/Joint Checking Accounts/Government Benefits Payee: Is there a person or third party who could help manage money and pay bills?
  • Special Needs Trusts: Can a trustee be appointed to make financial decisions for the person?
  • Community Services: Are there any community services that could help the person, such as meal transportation services or special services for adults with disabilities?
  • Home Care: Would it solve the problem to have a live-in nurse, home care nurse, or other medical professional on hand to help?
  • Medicaid Programs: Would the proposed ward benefit from any Medicaid waiver programs? Examples include Texas Home Living, Community First Choice, Community Living Assistance and Support Services, Deaf-Blind Multiple Disabilities, Medically Dependent Children Program services, Primary Home Care, Community Attendant Services, Day Activity and Health Services, and Medicaid Hospice programs.
  • Assisted Living/Nursing/Intermediate Care: Would assisted living, nursing, or intermediate care be an option?

Start by asking yourself why guardianship is needed. Next, consider if there are resources, programs, or any government programs that could help the proposed ward. Third, ask yourself if there are any family members or trusted friends who could assist. And don’t forget to speak with the proposed ward’s doctor and see if they think the person could make decisions on their own.

After You Are Appointed Guardian, What’s Next?

After you’re appointed a guardian, you must adhere to annual requirements, such as annual reports concerning the incapacitated person’s mental and physical condition and detailing any change of the residence of the incapacitated person. An example can be found here. An annual account must be filed to state all receipts, disbursements, cash on hand, and assets being administered. If you fail to file these reports, you may be fined or removed as guardian.

Some counties have a court visitor program, wherein a visitor or investigator is sent to check on the living conditions of the incapacitated person and evaluate the guardian’s performance.

Each year, the court will review and decide if the guardianship should be continued. If you need assistance with meeting deadlines or preparing for this process, our office can help.

After You Are Appointed Guardian, What Rights Remain with the Incapacitated Person?

You can find the specific bill of rights under guardianship under Texas Estates Code Section 1151.351. Be sure to understand their rights in order to protect them and preserve their dignity.