Guardianships

Guardianship is a probate court proceeding whereby a minor or an incapacitated adult is appointed a guardian to care for and make decisions regarding the minor or adult who is unable to care for himself or herself. 

The guardian is appointed by the Texas courts to care for the person or property of the minor or incapacitated person, who is referred to as a ward. If one is appointed for the physical well-being of a ward, they are a "guardian of the person." Someone elected to take care of the ward's property and finances is called a "guardian of the estate."  The court can appoint the same person as “guardian of the person and estate.”

Determining whether to seek a guardianship for an adult can be an emotional and sometimes difficult decision as that adult may not agree that he or she is unable to care for himself/herself.  Because a guardianship affects a person’s rights, it is important to know the implications of guardianship and explore alternatives before taking steps to have a guardianship established.

Courts do not easily take away the legal agency of adult.  In order to be appointed a guardian, you must prove, with medical evidence, that there is a need and that the proposed guardian is suitable to serve.

Anyone under 18 years old who is unmarried or has not had their disabilities of minority removed by judicial action is a minor. An incapacitated person is anyone with a physical or mental condition that causes them to be substantially unable to provide food, clothing, shelter, care for their physical health, or to manage their own financial affairs.

Texas law has specific procedures in place to prove the need for guardianship and getting a guardian appointed. At Shelton Family Law, we have the knowledge and experience to assist with guardian applications and the complicated process of seeking guardianship.

An application for guardianship must be filled out and filed with the court. The application requires some basic information (name, age, gender, etc.) about both the guardian and the incapacitated person. In addition, the application requires descriptions of the relationship between the parties and the nature of the incapacitation. The person in need of the guardian (referred to as the "proposed ward") is then given proper notice and the court must appoint another attorney to represent the ward's interests. Ultimately, the court hears the issues and merits associated with the appointment of a guardian and makes a decision about the appointment.