Guardianship Attorneys in Central Texas

What Is a Guardianship?

A guardianship is a court-supervised arrangement in which a judge gives someone legal authority to make specified decisions for another person. The person appointed is the guardian, while the person subject to the guardianship is called the ward.

A guardian of the person may be responsible for decisions involving care, residence, or medical needs. A guardian of the estate manages property and finances. One person may serve in both roles, or the court may divide those responsibilities. The order should grant only the authority the court finds necessary.

Are There Alternatives to Guardianship?

Guardianship is not the only way to give someone help with personal or financial decisions. Depending on the person’s abilities and existing documents, other possibilities may include a power of attorney, supported decision-making agreement, representative payee, trust, or another arrangement.

An alternative will not work in every situation. The court looks at whether available support could meet the person’s needs without removing more legal rights than necessary.

Why Do Families Seek Guardianship?

Families may consider guardianship when a person cannot adequately manage personal, medical, financial, or other important decisions on their own. The circumstances can vary widely from one family to another. A guardianship may be considered when:

• An adult’s condition affects their ability to make certain personal or financial decisions
• A minor has property or assets that require court-supervised management
• A child does not have a parent available to exercise the necessary authority
• A family needs legal authority that cannot be provided through a less restrictive arrangement
• An existing guardianship needs to be reviewed, changed, or contested

How James & Newberry Can Help With Guardianship

Guardianship cases can involve important legal, financial, and personal decisions. James & Newberry helps families understand the requirements, prepare the necessary documents, and navigate the court process. Our attorneys can assist with:

Establishing Guardianship

A guardianship may be considered when a child does not have a parent available to exercise the necessary authority or when property belonging to the child requires court-supervised management. The appropriate proceeding will depend on why the guardianship is needed.

Guardianship for a Minor

When a child needs someone to manage certain legal or financial matters, a guardianship may provide the authority needed to protect the child's interests. We can explain the requirements and help you understand your options.

Adult Guardianship

An adult guardianship may be considered when evidence shows that a person cannot safely manage certain personal or financial decisions. We can explain what the court must find and whether a limited or full guardianship is being requested.

Guardian Responsibilities

The court order sets the boundaries of what a guardian can do. It may also require reports, financial accountings, or permission from the judge before certain decisions are made. We work with guardians who have questions about these ongoing duties.

Contested Guardianships

Families do not always agree that a guardianship is needed or who should take on the role. Concerns may also come up about the way a current guardian is handling someone’s care, money, or property. James & Newberry handles disputes involving these issues.

Changes to an Existing Guardianship

The court may review, modify, or terminate a guardianship when the ward’s abilities or circumstances change. We can examine the existing order and discuss what type of request may be appropriate.

Who Can Have a Guardian?

For an adult, the court requires evidence addressing whether a physical or mental condition prevents the person from managing some or all personal or financial matters. The existence of a diagnosis or disability does not automatically mean a full guardianship is necessary.

For a child, the court looks at why authority beyond that ordinarily exercised by a parent or conservator is needed. The reason may involve the absence of an available parent, the child’s property, or another circumstance recognized under Texas law.

What Is the Guardianship Process in Texas?

The guardianship process involves several legal steps and can vary depending on whether the proposed ward is a child or an adult and the circumstances of the case.

Start With What Help Is Needed

The first question is not simply whether someone needs help, but what they can and cannot manage on their own. The family will also need to look at whether another arrangement could provide that help without a guardianship.

File With the Court

A guardianship case begins with an application explaining who needs assistance, who is asking to serve as guardian, and what authority they are requesting from the court.

Gather the Required Information

Medical records, evaluations, and notice to relatives may be required as the case moves forward. The judge will generally appoint an attorney ad litem whose role is to represent the person who may be placed under guardianship.

Appear Before the Judge

The judge will hear the evidence and decide whether guardianship is necessary. If it is, the court will also determine who should serve and how much decision-making authority that person should receive.

Complete the Steps After Appointment

Being named guardian does not give someone immediate authority to act. Training, an oath, a bond, or other requirements may need to be completed before the court issues letters of guardianship.

What Are a Guardian's Responsibilities?

A guardian's responsibilities depend on the type and scope of guardianship the court orders. The guardian may have responsibilities involving the ward's personal needs, property, finances, or other matters. 

A guardian of the person may need to:

• Make decisions authorized by the court
• Arrange appropriate care and services
• Maintain records
• File annual reports
• Follow limits contained in the guardianship order

A guardian of the estate may need to:

• Locating and documenting property
• Keeping the ward’s finances separate
• Submitting an inventory and yearly accountings
• Getting the judge’s permission for certain financial decisions
• Spending or distributing funds within the limits of the court order