In Texas, guardianship is a legal process where someone (the guardian) is appointed by a court to make decisions for another person (the ward) who is unable to make decisions for themselves due to incapacity. Here are key aspects of guardianship under Texas family law:

Types of Guardianship

• Guardianship of the Person: Involves decisions related to the ward's daily care, living arrangements, medical treatment, and personal needs.
• Guardianship of the Estate: Involves managing the ward's finances, assets, and property.

Process of Establishing Guardianship

• Petition: A person seeking guardianship (usually a family member or interested party) files a petition with the court, stating the reasons why guardianship is necessary.
• Evaluation: The court appoints an attorney ad litem to represent the interests of the proposed ward. An evaluation may be conducted to determine the ward's capacity.
• Court Hearing: A judge reviews the evidence and determines if guardianship is appropriate based on the ward's incapacity and the necessity of a guardian.
• Appointment: If the court grants guardianship, the guardian is appointed and given specific duties and responsibilities outlined by the court.

Powers and Duties of Guardians

Decision-Making: Guardians make decisions in the best interests of the ward, including medical, residential, educational, and financial decisions.

Reporting: Guardians are required to file annual reports with the court detailing the ward's condition, care, and financial management.

Termination or Modification:

Termination: Guardianship may be terminated if the ward regains capacity or passes away.

Modification: Guardianship orders may be modified or amended based on changes in circumstances or the needs of the ward.

Legal Representation

Importance of Legal Representation: Guardianship proceedings can be complex and require adherence to legal standards and procedures. It is advisable for guardians and those seeking guardianship to consult with an experienced family law attorney to navigate the process effectively.

Alternative Options:

Less Restrictive Alternatives: Texas law encourages the use of less restrictive alternatives to guardianship, such as powers of attorney, trusts, and supported decision-making agreements, when appropriate.

Navigating guardianship in Texas involves understanding legal requirements and fulfilling responsibilities to protect the best interests of the ward. 

For personalized guidance on guardianship matters, consult with a qualified Texas Family Law attorney who can provide advice tailored to your specific circumstances