Guardianship and its alternatives.

What guardianship is.

A guardianship is a court proceeding in which a judge appoints someone to make decisions for another person, called a ward, whom the court finds incapacitated. A guardian of the person handles things like health care and housing; a guardian of the estate manages money and property. One person can serve in both roles, or the roles can be split.

Why families end up here.

• A parent develops dementia and no one has a power of attorney
• A young adult with a disability turns 18, and parental authority ends
• A serious injury leaves someone unable to make decisions
• A person needs help managing a settlement or inheritance

What the process involves.

• A court filing, notice to the proposed ward and family, and a hearing
• An attorney ad litem to represent the proposed ward, and often a physician's certificate of incapacity
• A bond and reports: guardians generally must report on the ward's condition and, for estates, account for the money
• Ongoing court oversight, which adds cost and paperwork

Texas law prefers the least restrictive option. The court generally must find that alternatives, including supports and services, are not enough before it orders a guardianship, and it can limit the guardian's powers to what the ward actually needs.

Alternatives to consider first.

• Durable and medical powers of attorney: but these must be signed while the person still has capacity
• Supported decision-making agreement: Texas law allows an adult with a disability to choose a supporter to help them make decisions, while keeping their own decision-making rights
• Representative payee: for Social Security benefits
• Trusts: a special needs or management trust can hold and manage money. See our special needs and settlement trusts page
• Limited guardianship: if some help is needed but not full control