When a parent, spouse or adult child can no longer make safe decisions about their health, money or daily care, a guardianship gives a trusted person the legal authority to help. At the Law Offices of Jesus R. Lopez, we help families in San Antonio and the surrounding counties decide whether a guardianship is needed, look at less restrictive options first, and guide them through the Bexar County probate courts. Consultations are available in English and Spanish.
What is a guardianship in Texas?
A guardianship is a court proceeding under Title 3 of the Texas Estates Code. A judge appoints a guardian for a person, called the ward, who is found to be incapacitated. The court decides how much authority the guardian has, and the guardian reports to the court.
- Guardian of the person makes decisions about where the ward lives, medical care and daily needs.
- Guardian of the estate manages the ward’s money, property and benefits.
- One person can serve as both, or the court can appoint different people.
Texas courts prefer a guardianship that is limited to what the person actually needs. A full guardianship is used only when the person cannot handle any of these decisions.
Common reasons families come to us
- A parent with dementia or Alzheimer’s who can no longer manage bills or medical decisions
- An adult child with an intellectual or developmental disability who is turning 18
- A family member who was injured or became seriously ill and did not sign powers of attorney
- A child who inherits money or receives a settlement that must be managed until adulthood
- An urgent situation where someone needs protection right away, which may call for a temporary guardianship
Alternatives to guardianship
Before a guardianship can be created, the court must find that alternatives and available supports and services were considered and are not workable. Depending on the situation, these may include:
- A supported decision-making agreement, where an adult keeps the right to make decisions with help from someone they trust
- A durable power of attorney for financial matters
- A medical power of attorney for health care decisions
- A representative payee for Social Security benefits, or a trust
Powers of attorney only work while the person still has the capacity to sign them. If a family member is starting to show signs of memory loss, planning early can avoid a guardianship altogether. See Wills & Powers of Attorney in Texas.
How the guardianship process works
- Consultation. We review the situation, the person’s needs and whether an alternative would work.
- Medical evaluation. For an adult, a physician’s certificate of medical examination is usually required, based on an exam within 120 days before the application is filed.
- Application. We file the application in the county where the proposed ward lives. In Bexar County, guardianships are heard in the Probate Courts.
- Notice and attorney ad litem. The proposed ward is served, and the court appoints an attorney to represent the proposed ward’s interests.
- Hearing. The judge hears the evidence and decides whether a guardianship is needed and what powers the guardian should have.
- Qualifying as guardian. The guardian takes an oath, posts any required bond and receives letters of guardianship. Courts may also require guardianship training.
- Ongoing duties. A guardian of the estate files an inventory and annual accounts. A guardian of the person files an annual report on the ward’s well-being.
Guardianship for an adult child turning 18
At 18, parents no longer have automatic authority to make medical, school or financial decisions for their child, even when the child has a significant disability. Texas law lets parents begin the process before the 18th birthday so there is no gap. We help families compare guardianship with supported decision-making and other options so the young adult keeps as much independence as possible.
Frequently asked questions
How long does a guardianship take?
An uncontested guardianship often takes a few months, depending on the court’s schedule, the medical evaluation and whether anyone objects. A temporary guardianship can be requested when there is an emergency.
Who can serve as guardian?
Usually a family member or close friend who is suitable and willing. Texas law sets out who has priority and who is disqualified, such as a person with certain criminal history or a conflict of interest with the ward.
Can a guardianship be changed or ended?
Yes. If the ward’s condition improves, the guardian’s powers can be reduced or the guardianship can be ended. A guardian can also be replaced.
Do you handle guardianships outside Bexar County?
We also help families in Comal, Guadalupe, Hays, Travis and Williamson counties.
Talk with a guardianship attorney
Every family’s situation is different. Call (210) 224-5245 or schedule a consultation to talk through your options. Se habla español.
This page provides general information about Texas guardianship law and is not legal advice. Results depend on the facts of each case.