GUARDIANSHIP FOR FAMILIES
Guardianship Decisions Are Hard.
You don't have to make them alone.
Whether you're seeking protection for someone you love or contesting a guardianship, we'll make sure you understand each step before you take it.
When Guardianship May Be Necessary
Three of the most common situations families bring to us
A child with special needs is turning 18
Parental authority ends at age 18. Guardianship allows you, the parent, to keep making decisions about your adult child's care.
Guardianship of the person and/or estateA loved one can no longer manage their care
When a parent, spouse, or family member can no longer manage their own care or finances due to illness or cognitive decline, guardianship gives the right person legal authority to act.
Guardianship of the person and/or estateA minor receives an inheritance or settlement
When a minor inherits money or receives settlement funds, the court requires someone to manage and protect those funds until the child turns 18. Guardianship gives a trusted person that legal authority.
Guardianship of the estateGuardianship Matters Take Many Forms
Appointment of Guardian
From petition to court approval
Successor Guardianship
When a guardian can no longer serve
Contested Matters
Representing either side in a dispute
Estate Administration
Annual reports and court filings
Attorney Ad Litem and Guardian Ad Litem
Court-appointed, representing the ward's interests independently
When Guardianship May Not Be Necessary
Texas law requires courts to first consider alternatives less restrictive than guardianship. We'll go over whether any of these options are applicable to your situation.
-
A formal agreement between an adult with disabilities who is not incapacitated and a "supporter" who helps with daily living and life decisions. No guardianship required.
-
An adult who is not incapacitated may execute a declaration stating their preferences for mental health treatment in advance, including what they consent to and what they refuse.
-
A parent may authorize a grandparent, adult sibling, or adult aunt/uncle to make decisions for a minor child regarding health care, insurance, school enrollment and activities, driver's education, employment, and public benefits.
-
Medical and durable powers of attorney give someone authority to act without court involvement. They must be signed while the signer still has the capacity to understand the document.
-
When the only issue is the need for someone to receive and manage social security benefits on behalf of a recipient who cannot manage their income, a representative payee can be appointed without the need of a guardian.
-
A parent can sell real or personal property owned by a minor by application to the court, without appointing a guardian, when the value of the minor's interest falls under the statutory limit.
Questions Families Ask
-
Parental authority ends automatically when your child turns 18, even if they cannot care for themselves or make important decisions on their own. In practice, this means doctors, hospitals, and other providers can stop seeking your consent because legally, your child is now an adult. Guardianship is what restores that authority so you can continue making decisions for your adult child without interruption.
-
As soon as the need is clear, and ideally before it becomes urgent. Starting 6 months before your child's 18th birthday or shortly after a loved one's diagnosis means more options and no gap in legal authority.
-
After filing a guardianship application, the court appoints an Attorney Ad Litem to represent the person who is in need of a guardian. Once their investigation is complete, the case proceeds to a final hearing. From filing to hearing, the process can take about 6 months (on average), if uncontested.
-
It doesn't have to be you. A sibling, another relative, a trusted friend, or in some cases, a professional guardian can serve instead. Courts generally give priority to whoever can act in the ward's best interest.
-
Disagreements among family members are not uncommon. When they arise, the court decides who serves as guardian based on the ward's best interest, not necessarily family preference.
-
Not always, and the answer depends on whether your loved one planned ahead. If they signed a power of attorney, it may already give someone the authority to act without court involvement. Without one, or if it does not cover what is needed, guardianship may be the only legal option available.
Wherever You Are In The Process, We Can Help.
Start a new guardianship
Modify an existing guardianship
Transfer an out-of-state guardianship to Texas
Terminate a guardianship
Complete an annual report
Your Loved One Deserves An Advocate
Let us help you become theirs.
Or call us directly: (281) 868-8806