How does Legal Guardianship work in Texas?


Guardianship is a legal process that protects incapacitated persons from abuse, neglect, and exploitation. An incapacitated person could be an elderly adult, a minor child who has lost both parents, or a person with mental deficiencies who is unable to care for himself.

Texas law establishes rules for whom may serve as a guardian; additionally, the court will require clear and convincing evidence that the appointment of a guardian is necessary.  Periodic accountings and reports to the Court are required.

In Texas, there are two types of guardianship a person can obtain, each which includes different levels of responsibility and obligations:

It is important to consider the responsibilities involved when becoming a guardian. For instance, one may be expected to make medical decisions and provide necessary medical care or supervision. When it comes to children, becoming a minor’s legal guardian gives you the rights of a parent. Responsibilities of a child’s legal guardian may include providing for the child financially, providing basic necessities, and ensuring the child is safe, healthy, and receiving a proper education.

Most guardianship cases still allow the biological parents to be a part of the child’s life. Usually, guardianship is not permanent. Guardianship comes about for a variety of reasons and in many ways. For example, a child’s biological parents who struggle with drugs and/or alcohol may sign legal guardianship over to a family member while they get help. Once the child’s parents are back on track, the child returns to their care. If the child is not returned to the parents, legal guardianship ends when the child turns 18.

If you have questions or want to discuss your guardianship options, contact us or call 210-368-9708 to schedule a consultation.