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 Section 1002.017).
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.
This chapter defines many of the legal terms that will be used in other sections of the law about guardianships. Reading this chapter is a good way to get familiar with the terminology of guardianships.
Title 3 of the Estates Code (Chapters 1001 – 1357) concerns guardianships in Texas. Because there is so much to this section of the law, we will be pointing out individual chapters on specific topics elsewhere in this guide.
This guide from the Texas Health and Human Services Commission explains guardianships, the responsibilities and limitations of guardianships, and offers alternatives to guardianships in easy-to-understand language.
Texas Health and Human Services provides a basic explanation of what a guardianship does and how its agency may get involved.
This overview from the Governor's Office provides a list of the many things that a guardianship can do. It also contains a list of key Texas laws and notable resources.
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.
This chapter outlines the procedure where an individual requests that a guardian be appointed for an incapacitated person.
This chapter outlines the procedure where the court begins the process of appointing a guardian for an incapacitated person.
The Texas Young Lawyer's Association, in partnership with the State Bar of Texas, has produced this brief pamphlet that answers common questions about the process of creating a guardianship.
Chapter 4 of the State Bar's Guardianship Manual discusses the creation of the guardianship. It also includes forms you may need. Please note that you will need to register for a free library account with us in order to read this item.
Chapter 70 in Volume 4 of this set discusses the creation of a guardianship. It contains procedural information as well as forms. Please note that you will need to register for a free library account with us in order to read this item.
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.
This chapter discusses who may be appointed as guardian and what priorities or preferences must be taken into account when making the appointment.
This chapter discusses the oath and bond that a guardian must give, as well as other qualifications of a guardian.
According to the Texas Government Code and the Judicial Branch Certification Commission Rules, all guardianships in the state must be registered with the Judicial Branch Certification Commission (JBCC).
This statute requires all guardianships in the state to register with the Judicial Branch Certification Commission.
This rule requires the registration of guardianships in Texas and specifies what information must be submitted when registering.
This page from the Judicial Branch Certification Commission's website discusses registering a guardianship, the general process of registering, and includes online resources with instructions on how to register and where to register.
The Judicial Branch Certification Commission answers some frequently asked questions about registering a guardianship.
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.
This law requires each guardianship filed after September 1, 1993, to be reviewed each year to see if it should be changed or ended. This section does not apply to guardianships created only so that the ward can receive funds from a government source.
This chapter discusses the process for modifying a guardianship or restoring a person's legal capacity and terminating the guardianship.
This chapter discusses the removal or replacement of a guardian.This guide from Disability Rights Texas provides an overview of modifying your guardianship agreement, whether it is restoring all of your rights to make decisions, making partial changes, or appointing a new guardian. Sample documents are included in the appendix.
Chapter 9 of the State Bar's Guardianship Manual discusses the modification of guardianships. It also includes forms you may need. Please note that you will need to register for a free library account with us in order to read this item.
Below you will find contact information for other organizations that may be able to provide additional information or assist you further with a guardianship.
The Texas Guardianship Association is a non-profit organization that aims to provide informational resources about guardianships.
The Texas Health and Human Services Commission provides general information about guardianships. In some circumstances, their Guardianship Services Program may become involved in a guardianship.
The JBCC's Compliance Division accepts and investigates complaints about certified guardians.Disability Rights Texas provides assistance to Texans with disabilities who are encountering legal problems or having difficulty obtaining disability services.
The JBCC's Guardianship Registration Department provides assistance to individuals who are registering 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. Signing up is free.
This State Bar of Texas manual is a wonderful resource for those who are creating, modifying, or administering a guardianship. It contains forms and thorough information about how one must proceed.
This set provides coverage of every aspect of probate law and estate and trust administration in Texas. It includes sample forms and letters, procedural checklists, lists of source materials, charts and diagrams, tables of statutes, rules and regulations, and a quick reference index.
"The fifth edition of this book updates laws affecting intestate succession, wills, guardianships and trusts. It introduces wills terminology to the lay audience and summarizes the law of trusts with references to the Uniform Trust Code and the Restatement of Trusts. It uses problems arising from celebrity peccadilloes and deaths, such as those of Prince, and the mother/daughter team of Debbie Reynolds and Carrie Fisher to illustrate legal issues. The book can be adopted to supplement a traditional wills and trusts class or as the sole text for a seminar." -publisher's description
This book provides a brief overview of elder law. Topics covered include ethical considerations, health care decision making, Medicaid, SSI, guardianship alternatives, pension plans, and elder abuse and neglect.
These print books at the State Law Library contain information on guardianship. If you are not able to visit the State Law Library in Austin, these books might be available at a law library near you or a public library near you.
The new edition of the Texas Guardianship Manual includes updates from the 86th Legislature, with material dedicated to the discussion of recent statutory updates relevant to the creation and administration of guardianships, including discussion of available supports and services.
This guide provides an overview of alternatives to guardianship, including specific forms that can be used to avoid court-supervised administration of affairs. Previously published as A Road Map to Guardianship Alternatives.
The State Law Library is pleased to offer CLE e-books from the State Bar of Texas. Below are some titles relevant to guardianships.
We have many more CLE course materials available in print. For a complete overview of our holdings, please see our Continuing Legal Education Materials page.
