How to file guardianship papers in texas

A guardianship is a legal relationship created by the court to allow the appointment of someone the guardian to be responsible for decision-making for someone else the ward. This guide discusses guardianships for an incapacitated person, which Texas law defines as someone "who because of a physical or mental condition, is substantially unable to provide food, clothing, or shelter for himself or herself, care for the person's own physical health, or manage the person's own financial affairs" Texas Estates Code Please note that guardianships are very restrictive for the ward.

There are other alternatives that should be explored before proceeding with a guardianship. These are discussed on the Alternatives to Guardianship page of this guide. This guide provides information about assigning a guardian to an adult who is or may become incapacitated. Some people use the term "guardian" to refer to the general custody of a child. Texas law uses the term "conservator" instead.

For information about legal options regarding care for children or minors , see our research guide on child custody. A guardianship must be created by the court through a formal appointment process. In larger counties, the proceedings will be initiated in the Probate Court.

For smaller counties that do not have a probate court, the County Court or County Court at Law will be the appropriate court. In general, priority is given to family members and to the preferences of the incapacitated person.

If the proposed ward does not have any family members available to be their guardian, there are certain qualified third parties, known as "private professional guardians," who the court can appoint. The Ward's Bill of Rights states that a ward has the right to ask the court to change their guardianship, appoint a different guardian, or have their legal capacity restored and end the guardianship. To do so, they must file a petition with the court. In addition, Texas law requires that many guardianships be reviewed by the court on an annual basis so that the court can determine whether they should be continued, changed, or terminated.

Below you will find contact information for other organizations that may be able to provide additional information or assist you further with a guardianship. These e-books contain information on guardianship. These e-books can be viewed by those who have signed up for a free library account with the State Law Library. Only Texas residents are eligible to sign up. Consent to Authorize Advocacy Directive to Supported Decision Making During the 84th Texas Legislative Session in , legislators passed new laws that made Texas the first state to have laws recognizing supported decision-making agreements as an alternative to guardianship.

These laws include: The Bill of Rights for a person under guardianship or proposed guardianship. For a person under guardianship these include the right to live, work and play in the most integrated setting, visit with people of their choice, and appear before the court to express their preferences or concerns See Texas Estates Code Title 3 Subtitle T Chapter Subchapter A and Texas Estates Code Chapter Subchapter H.

The establishment of less restrictive alternatives to guardianship, such as a power of attorney or representative payee, directing the court to determine whether alternatives can meet the needs of the person rather than guardianship. The establishment of Limits to guardianship with services and supports, requiring the court to determine if formal and informal supports are available for individuals to meet their needs. The requirement that individuals under guardianship should, if possible, be able to make decisions about where they reside.

All parties — the applicant, attorney ad litem, guardian ad litem, physicians, and the court - have an obligation to consider less restrictive alternatives and supports and services.

The individual or any interested person may petition the court for the full or partial restoration of rights, including the right to decide their residence if they has sufficient capacity with or without supports and services. The court shall consider whether the guardianship is needed and specific power or duties of the guardian should be limited if the ward receives supports and services. If this happens, a court of law may appoint a guardian for them. Guardian and ward are legal terms used to indicate the relationship between someone who protects another the guardian and the person being protected the ward.

In Texas, the process to appoint a guardian includes:. Before asking a court to appoint a guardian, other options are usually tried first, such as:. Once a guardian is appointed, it often becomes permanent. The court must find by the highest possible civil standard clear and convincing that the proposed guardianship is in the best interests of the proposed ward.

If the proposed guardianship is over a minor, and the natural parents are still alive and have not been adjudicated as unfit, the guardianship cannot be granted over their objection.

Based near Chicago, Sameca Pandova has been writing since and now contributes to various websites. He is an attorney with experience in health care, family and criminal prosecution issues. July 20,