Guardianship Resources About Guardianships

When you become an adult in this country, it’s assumed that you can make decisions for yourself. But what happens if illness or disability, including intellectual disabilities or a disease like dementia, prevents a person from making sound decisions? Unfortunately, people with these conditions may be vulnerable to being taken advantage of. Special needs adults, seniors with dementia, and others may need protection from neglect, exploitation, and abuse, and one option is guardianship.

Guardianship is generally defined as a situation in which the court gives a person the authority to make personal or financial decisions for another person who can’t do that for themselves. There are a few terms you should remember as you embark on a guardianship journey: applicant, ward, and guardian. Before becoming a guardian, a person needs to apply, at which point they’re described as an applicant. The person they want to protect is called a ward or proposed ward. The laws governing guardianships are primarily found in the TEXAS ESTATES CODE, Sections 1001.001-1356.056. However, you can read more about guardianship on our FAQ page.

SCHEDULE A CONSULTATION

Mental & Health Condition Examples

Guardianship can only be granted in cases when the proposed ward is an “incapacitated person.” Take a look at a few examples of mental health and other health conditions that can cause the need for the pursuit of guardianship:

Intellectual Disabilities
Developmental Disorders
Autism/Autism Spectrum Disorders
Down Syndrome & Mosaic Down Syndrome
Schizophrenia
Seizure Disorder/Epilepsy
Alzheimer’s Disease/Alzheimer’s Dementia
Multi-Infarct Dementia
Parkinson’s Disease
Closed Head Injuries/Traumatic Brain Injury
Chronic Mental Illness
Excessive Short-Term Memory Loss
Amyotrophic Lateral Sclerosis (ALS)/Kennedy’s Disease
Angelman Syndrome
Asperger’s Syndrome
Five P Minus Syndrome
Fragile X
And many others

If a condition is treatable or can be resolved, the person with the condition may not be eligible for guardianship. If you have questions about this, please contact our office.

Schedule a Consultation

SCHEDULE A CONSULTATION

Types of Guardianships

There are three main types of guardianship. They may or not apply to your situation. Review the information below and call us if you have any further questions.

Guardianship of a Person

Guardianship of an Estate

Temporary Guardianship

Schedule a Consultation

PRE HEADING TEXTLimitations of Guardianship/Protection for the Guardian

There are limits to what a guardian has power over as well as protection for the guardian. A guardian:

Cannot prevent a ward from making bad decisions.
Is not responsible for funding the ward’s living expenses, debts, etc.
Cannot use force to make an incapacitated person take medicine or food.
Is not required to personally supervise the ward 24/7.
Cannot place a ward in a mental health facility against their will.

SCHEDULE A CONSULTATION

The Legal Process to Become a Guardian

If you’re interested in applying for guardianship, there are ten steps that you will have to take. Review them below and contact us for more details. We can walk you through the process.

Contact our office, and we will send you an information packet and engagement agreement. This step will involve a meeting that can occur on the phone, over Zoom, or in person, depending on what’s convenient for you and your family.
We will draft an application (an example of which can be found here) for guardianship and send it to you for review. Once you approve it, we will collect the filing fee from you and file the application for you. After the application is filed, we will tell you how to register, get a background check, and complete the required training with the Texas Judicial Branch. A helpful guide to using the JBCC online system can be found here.
The proposed ward must be personally served with a copy of the application so they know what’s going on.
An attorney will be appointed by the court to represent and advocate for the proposed ward.
Known relatives of the proposed ward will be notified of the application.
The attorney will meet with the proposed ward to assess if alternatives may be available or if guardianship is a good fit.
After the proposed ward is examined by a physician, we will file a certificate of medical examination.
The attorney will file their report with the court.
The court will set a hearing and hear testimony to decide if guardianship is appropriate and necessary. They will also decide how much power the guardian will have.
The court will sign an order appointing the guardian. At this point, a guardian will file an oath and might need to provide a bond. Lastly, the clerk will issue letters of guardianship to the guardian.