Guardianship in Texas
State-specific overview · Estate & Probate
Texas presumes individuals are capable unless proven otherwise and requires specific findings about which rights the guardian will exercise.
How Texas treats Guardianship
Texas courts must make specific findings about which rights the person cannot exercise independently, rather than simply declaring someone incapacitated. The state uses a detailed guardianship order that lists exactly which powers the guardian holds, allowing the person to retain decision-making in other areas. Guardians must complete training and file annual accountings; the court may appoint an attorney ad litem to represent the person's interests throughout the process.
The general definition of Guardianship
A court-ordered arrangement where one person has legal authority to care for another who cannot care for themselves.
Guardianship is a legal relationship created by a court when someone (the ward) cannot make decisions for themselves due to age, disability, or incapacity. The guardian has the power to make medical, educational, and financial decisions for the ward. It's often used for minor children whose parents have died or are unfit, or for adults with severe mental or physical disabilities.
Read the full Guardianship entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Texas.