When someone you love can no longer make safe decisions about their health, finances, or daily life, guardianship may be the best way to protect them. Guardianship is a serious legal step in Texas, requiring court approval and careful oversight, but it can provide families with peace of mind when other planning tools are insufficient. 

If you live in the Dallas–Fort Worth area, it takes an experienced estate planning attorney to help you establish a guardianship. Contact the Law Offices of Carey Thompson, P.C., to learn how we can assist you. 

What Is Guardianship in Texas?

Guardianship is a legal arrangement in which a court appoints one person—the guardian—to make decisions on behalf of another—the ward. Because guardianship limits certain rights of the ward, Texas courts only grant it when less restrictive options, such as powers of attorney or advance directives, are insufficient to meet the person’s needs. Guardianship may cover personal care, financial management, or both.

When Is Guardianship Needed?

There are many situations where guardianship provides protection:

  • Adults with disabilities who cannot manage their own financial or medical decisions.
  • Older adults experiencing dementia or serious health decline.
  • Children whose parents are unable to care for them due to illness, absence, or incapacity.
  • Cases where no valid powers of attorney or other legal tools are in place.

In each situation, guardianship ensures that someone with legal authority can step in and act in the ward’s best interests.

Types of Guardianships in Texas

Texas law recognizes several types of guardianships to match different needs:

  • Guardian of the Person–Handles healthcare, housing, education, and personal decisions.
  • Guardian of the Estate–Manages money, property, and financial obligations.
  • Full vs. Limited Guardianship–Courts may grant broad authority or restrict powers to specific areas.
  • Temporary Guardianship–Granted quickly in emergencies to protect a person until a full hearing can be held.

The Guardianship Process in Texas Courts

Guardianship begins with an application filed in the probate court of the county where the ward lives. A physician’s evaluation is usually required to confirm incapacity. The court then schedules a hearing, during which a judge reviews the evidence, hears testimony, and determines if guardianship is necessary and who should serve as the guardian.

Once appointed, guardians are required to follow strict rules, including filing regular reports with the court. This ongoing oversight ensures that the ward’s interests are protected and that the guardian is fulfilling their responsibilities properly.

Responsibilities of a Guardian

Serving as a guardian involves several legal duties. Guardians must:

  • Act in the ward’s best interests at all times.
  • Maintain accurate financial records if you manage an estate.
  • File required reports with the court.
  • Make decisions about medical care, living arrangements, and personal needs with compassion and accountability.

Failing to meet these obligations can lead to removal or even legal liability.

Common Challenges and Disputes

Even when families agree that guardianship is necessary, disagreements can arise. Common issues include:

  • Disputes over who should serve as guardian.
  • Concerns about how a guardian is handling money or making decisions.
  • Conflicts arise among siblings or relatives when both financial matters and personal care are involved.

Texas courts can step in to resolve these disputes, but having clear guidance and representation often helps prevent or resolve conflicts more smoothly.

How the Law Office of Carey Thompson, PC Can Help

We know that pursuing guardianship can feel daunting, especially when you are already worried about a loved one’s well-being. Our team works closely with families across Dallas–Fort Worth to guide them through each step of the process, from filing the initial petition to representing clients at hearings. We explain the requirements in plain English, help gather the necessary medical and legal documents, and make sure you understand what to expect in court.

Our role doesn’t end once a guardian is appointed. We continue to provide assistance with compliance, reporting, and addressing any concerns that may arise. If family members disagree about guardianship or have questions about alternatives, we are here to provide practical solutions that protect your loved one while minimizing conflict.

Legal Guidance for Guardianship in Texas

Guardianship is a powerful tool, but it should be approached with care. By working within Texas law and with the support of an experienced attorney, families can protect their loved ones while ensuring fairness and accountability.

At the Law Office of Carey Thompson, we assist families in Fort Worth, Dallas, and throughout Texas with guardianship matters, providing clarity and compassion. Contact us today to discuss your situation and learn how we can help protect those who matter most.