Texas Guardianship

This article is intended for educational purposes only and not as legal advice. Should you require legal advice for your matter, please consult a Houston Guardianship Attorney.

Guardianship in Texas is a legal proceeding in which a relationship is created between a competent adult (“Guardian”) and a person who does not have capacity to take care of his or her own self or affairs (“Ward”). Once appointed, a Guardian is authorized to make all healthcare, residential and other decisions (“Guardian of the Person”) and financial and legal decisions for the Ward (Guardian of the Estate).

Texas Guardianship for a Minor or Otherwise Incapacitated Person

In Texas, a minor child is considered to be an incapacitated person. A minor child is a person under the age of 18 who has never been married or has never had his or her disabilities removed by way of a legal proceeding. A person over the age of 18 can be declared incapacitated when due to a mental or physical condition, they cannot provide food, shelter or clothing for themselves and they are unable to manage their physical self or financial affairs.

In Texas, the guardianship process usually begins with a petition that is filed with the appropriate Court in the County in which the minor or incapacitated person resides. The petition is accompanied by evidence that the person is a minor or evidence that the person is otherwise incapacitated. Various parties are required to be notified of the proceeding and the Court may appoint a Court Investigator to investigate the circumstances and necessity for the guardianship. The incapacitated person is entitled to legal representation and the Court will also appoint an Attorney to represent them during the proceeding. A hearing will be held and a Guardian appointed if the Court is satisfied that a guardianship is necessary and in the person’s best interest.

Texas Guardianship Court Duties and Reporting

Annual Reporting is required for Guardianship of the Person. Annual Accounting and Court approval for most financial decisions are required for Guardianship of the Estate.

To speak to a Houston Guardianship Attorney, please contact Stephanie Mudgett Boates 281-584-0034.

Stephanie Mudgett Boates, P.C., represents clients in the cities of Houston, Memorial, Bellaire, Katy, Sugar Land, Richmond, Rosenberg, Cypress, Spring, Conroe, Tomball and Galveston and in the following counties: Harris County, Fort Bend County, Montgomery County, Brazoria County, Galveston County and Waller County.