When a loved one can no longer manage their personal, medical, or financial affairs due to illness, injury, or disability, guardianship may be the most necessary legal step. But in Texas, seeking adult guardianship isn’t a simple formality—it’s a structured legal process that demands careful preparation, medical evidence, and strict compliance with state requirements.
At The Mundheim Firm, PLLC, we guide clients through every step of establishing adult guardianship in Colleyville and across the Dallas-Fort Worth metroplex. This guide breaks down what guardianship means, the different types available, and how to initiate the process the right way.
What Is Adult Guardianship in Texas?
Adult guardianship is a court-appointed legal relationship where one person—the guardian—is authorized to make decisions on behalf of another person—the ward—who has been deemed legally incapacitated. Incapacity means the adult is unable to provide food, clothing, shelter, or medical care for themselves, or is unable to manage their own finances without risk of harm or exploitation.
Guardianship is often sought for aging parents with dementia, adults with severe disabilities, or individuals recovering from serious injury. But because guardianship restricts the rights of the person under care, Texas courts consider it a last resort. All less restrictive alternatives must be explored before a guardianship can be granted.
Types of Guardianship for Adults
Texas law recognizes several types of guardianship, each designed to serve specific needs. Choosing the right type depends on the extent of the adult’s incapacity and what responsibilities the guardian needs to assume.
- Guardian of the Person: Appointed to make decisions related to the ward’s personal needs, such as medical treatment, housing, and daily care.
- Guardian of the Estate: Manages the ward’s financial matters, including paying bills, handling investments, and protecting assets.
- Full Guardianship: Grants both personal and financial authority when the adult is completely incapacitated.
- Limited Guardianship: Grants specific powers only in the areas where the adult needs help, preserving their independence in other areas.
- Temporary Guardianship: Granted in emergency situations to prevent immediate harm, typically lasting up to 60 days.
An attorney for guardianship can help determine which option best fits your loved one’s circumstances, ensuring the proposed guardianship is neither too restrictive nor too vague.
Alternatives to Guardianship
Before approving a guardianship, the court must confirm that less restrictive alternatives have been considered and found inadequate. These alternatives often include:
- Durable powers of attorney for financial and medical decisions
- Advance healthcare directives
- Supported decision-making agreements
- Trust arrangements that manage financial assets without court involvement
These alternatives to guardianship may allow the adult to maintain more autonomy while still receiving support. However, if the person is already incapacitated and unable to sign new legal documents, guardianship may become the only viable path.
The Process of Becoming a Guardian
Seeking guardianship begins with filing an application in probate court in the county where the proposed ward resides. This application must detail the reasons for the request, the nature of the incapacity, and the scope of the authority being sought.
The process generally includes the following steps:
- Filing a formal application for guardianship
- Providing a medical certification from a physician regarding the adult’s incapacity
- Appointment of an attorney ad litem to represent the proposed ward
- Notice to interested family members
- Background check and training for the proposed guardian
- A court hearing to determine necessity and scope
If the judge finds that guardianship is appropriate and that the applicant is qualified, the court will issue letters of guardianship—official documents authorizing the guardian to act on behalf of the adult.
Duties and Responsibilities of a Guardian
Once appointed, guardians must act in the best interest of the ward and follow strict reporting requirements. Texas law holds guardians accountable for their decisions, especially in financial matters. Failure to comply can lead to removal or even legal penalties.
Common duties include:
- Making medical decisions in consultation with doctors
- Paying bills and managing income or assets
- Filing an annual report and inventory with the court
- Monitoring the ward’s living conditions and care
For financial matters, coordination with our probate and estate planning team ensures that guardianship aligns with broader asset protection goals.
When to Speak with an Attorney for Guardianship
Because guardianship affects fundamental rights, courts require precision, care, and full legal compliance at every stage. Even well-meaning family members can run into delays or denials without legal guidance. If you believe someone you love is no longer capable of managing their affairs safely, it’s time to speak with an attorney for guardianship who understands the intricacies of the process.
Legal counsel helps ensure that your petition is accurate, properly documented, and supported by the right medical and legal evidence. It also reduces the chance of family conflict and protects the ward’s dignity during what can be a sensitive transition.
Protect Your Loved One with the Right Legal Guidance
The Mundheim Firm, PLLC provides compassionate, thorough legal support to families pursuing guardianship in Texas. We serve clients across Colleyville and the broader Dallas-Fort Worth metroplex, offering personalized guidance through every phase of the guardianship process.
Attorney Marla Mundheim brings a deep understanding of both the legal and emotional aspects of adult guardianship. Whether you are initiating a guardianship petition or responding to concerns about a loved one’s care, our team is here to help you move forward confidently and responsibly. To schedule a consultation, call 817-479-0076 or contact us online today.
