Guardianship Matters: Legal Options for Protecting a Child or Loved One

In Texas, a guardianship can provide much-needed legal protection for a child or a vulnerable adult who cannot safely manage certain personal or financial decisions on their own. Before a guardianship can be put in place, Texas law requires courts to consider whether less restrictive alternatives and available supports could protect the proposed ward before appointing a guardian. 

Depending on the circumstances, the appropriate solution may involve guardianship of the person, guardianship of the estate, a limited guardianship, or a less-restrictive alternative, such as supported decision-making. These are complicated, sensitive cases. Our Houston family law attorney can guide you through guardianship in Texas. 

Texas Guardianship Law Protects Both Children and Incapacitated Adults

Texas guardianship law applies to two importantly different situations: protecting minors and protecting adults who lack sufficient capacity to manage certain matters themselves. Under Texas Estates Code § 22.016, an “incapacitated person” includes a minor as well as an adult who, because of a physical or mental condition, is substantially unable to provide for basic needs, care for their physical health, or manage their financial affairs. If you have any questions about adult guardianships, our Houston family law attorney can help. 

For children, parents ordinarily exercise the legal authority necessary to make decisions concerning their care. Texas Estates Code § 1104.051 provides that when parents live together, both are the natural guardians of their minor children. Formal guardianship issues can arise when a parent has died or cannot serve, when another person needs legal authority to care for a child, or when a child owns property that requires formal management. If you want more information about a guardianship for a child, our Houston family lawyer is here as a legal resource. 

Adult Guardianship: A Texas Court Must Determine Whether Guardianship is Necessary

Texas treats guardianship as a protective remedy. By definition, a guardianship can remove significant legal rights from the proposed ward. For that reason, a court cannot appoint a guardian merely because another person could make better decisions or provide useful assistance. Under Texas Estates Code § 1101.101, the court must find by clear and convincing evidence that the proposed ward is incapacitated, that appointing a guardian is in the proposed ward’s best interest, and that the appointment will protect the proposed ward’s rights or property. The court must also find that alternatives to guardianship have been considered and determined not to be feasible. For an adult guardianship based on incapacity, comprehensive medical evidence is a must. 

Guardianship of the Person Can Provide Authority Over Care and Personal Decisions

A guardian of the person is responsible for the ward’s personal care rather than primarily managing money or property. Under Texas law, a guardian of the person can have authority to establish the ward’s legal domicile and has duties involving the ward’s supervision, protection, food, clothing, shelter, and medical care.

For a child, guardianship of the person can provide an appropriate adult with formal legal authority to care for the child when the ordinary parental arrangement is unavailable or inadequate. That authority can be important for matters such as housing, medical treatment, education, and day-to-day care.

For an incapacitated adult, the same type of guardianship may allow another person to make necessary residential, medical, and personal-care decisions. The court’s order controls the exact scope of the guardian’s authority. An adult should not lose decision-making rights that the court determines the adult remains capable of exercising.

Guardianship of the Estate Protects a Child’s or Adult’s Property

A guardian of the estate serves a different function. Texas law allows a guardian of the estate, subject to statutory restrictions and court supervision, to possess and manage the ward’s property, collect debts and claims owed to the ward, enforce obligations, and bring or defend litigation involving the ward.

This type of guardianship can be particularly important for children who receive substantial assets. For example, a child might inherit property, become entitled to significant funds after a family member’s death, or receive proceeds from a personal injury settlement. A parent’s ordinary authority over a child does not necessarily eliminate the need for formal legal authority to manage significant property belonging to the child.

Adult guardianship estates commonly involve a different concern: incapacity. An adult may own significant assets but no longer be able to manage accounts, meet obligations, protect property, or make informed financial decisions. A court may appoint a guardian of the estate while separately determining whether a guardian of the person is also necessary.

Special Rules Apply When Choosing a Guardian for a Child

Texas law gives particular attention to who should serve as a minor’s guardian. A surviving parent ordinarily has significant priority. Texas law (Texas Estates Code § 1104.051) holds that when one parent dies, the surviving parent is the natural guardian of the child’s person and is entitled to appointment as guardian of the child’s estate.

Texas law also allows parents to plan for the possibility that neither parent will be able to care for a child. The Estates Code establishes procedures through which a parent can designate a guardian for a minor through a will or written declaration, subject to statutory qualifications and the court’s determination of the child’s best interests.

Texas Law and Guardianships for Minors: The child can sometimes have input as well. Under Texas law, a minor at least 12 years old may designate a guardian in writing. The court must still determine that the selected person is suitable and that the appointment serves the minor’s best interests.

Why Trust Our Texas Guardianship Lawyer 

A guardianship may be needed to protect a child or another vulnerable loved one. At Thornton Esquire Law Group, PLLC, our family law firm is committed to serving the best interests of our clients. Your initial consultation with our Texas adult guardianship lawyer is strictly confidential and carries no obligations. To set up a strictly confidential consultation with a top-rate Texas guardianship attorney, please do not hesitate to contact us today for a confidential case review. 

Contact Our Houston Guardianship Attorney Today

At Thornton Esquire Law Group, PLLC, our Houston family law attorney is a compassionate, experienced advocate for clients. If you have any questions or concerns about guardianships in Texas, please call us at (888) 378-1784 or contact us online for a completely confidential, no-commitment initial consultation. Our firm handles family law matters throughout Southeast Texas, including in Harris County, Brazoria County, Fort Bend County, Galveston County, and Montgomery County.