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Guardianship in Texas is a court process that gives one person legal authority to make decisions for another. It's a serious step that removes rights from the person under guardianship, which is why Texas law now requires courts to consider less-restrictive alternatives first, including supported decision-making agreements, which Texas pioneered. We help families decide whether guardianship is really necessary, and if it is, we handle the application, certifications, court appearances, and the annual reports that follow. When an alternative will work better, we help set that up instead.
Services
When a parent has passed away, become incapacitated, or is otherwise unable to care for a child. Includes both guardianship of the person and guardianship of the estate when the child inherits property.
For adult family members who can no longer make safe decisions for themselves due to dementia, traumatic brain injury, developmental disability, or other conditions. We handle the physician's certificate, application, and court hearing.
Texas courts now strongly favor the least-restrictive option. A limited guardianship keeps as many of the person's rights as possible while addressing the specific areas where they need help.
A Texas alternative to guardianship for adults with disabilities who can make decisions with help. Less restrictive, less expensive, and preserves the person's legal autonomy via a supported decision-making agreement.
Texas guardians are required to file annual reports and accountings. We handle the filings so guardians stay in compliance and the protected person's interests are documented.
When a guardian needs to be replaced, or when the protected person's capacity has changed, we petition the court for the appropriate modification or removal of an existing guardianship.
Why this matters
Guardianship is one of the most significant legal interventions in another person's life: it can remove the right to vote, to contract, and to choose where to live. Texas law has shifted strongly toward preserving that autonomy where possible, and courts now require evidence that less-restrictive options were considered. Getting this right matters: a properly tailored arrangement protects the person without taking away more than necessary, and avoids the family conflict that overly broad guardianships can create.
Frequently asked
A power of attorney is set up voluntarily by a person who has capacity. Guardianship is imposed by a court on a person who no longer has capacity. If your loved one already has a durable power of attorney and a medical power of attorney in place, guardianship may not be necessary at all.
Yes, if guardianship is the right tool, and only after a doctor certifies the incapacity. Texas requires the application, the doctor's certificate of medical examination, an attorney ad litem appointed for the proposed ward, and a court hearing. We walk families through each step.
Often, yes. Powers of attorney (if put in place before incapacity), Social Security representative payee arrangements, supported decision-making agreements, and managed accounts can all handle specific needs without the court process. We help families evaluate which option fits.
Schedule a consultation to discuss your situation and explore your options.
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