Adult Guardianship in Texas: Compassionate Legal Protection for Vulnerable Loved Ones

As our family members age or face significant medical challenges, there may come a time when they can no longer safely manage their own personal, financial, or healthcare decisions. In Texas, the legal process designed to protect these vulnerable adults is known as adult guardianship. At Barton & Associates, Attorneys at Law, our compassionate San Antonio guardianship attorneys provide essential guidance and advocacy for families navigating this sensitive area of law. We help you understand when guardianship is necessary, guide you through the complex court process, and work to establish the least restrictive form of protection to preserve your loved one’s dignity and autonomy while ensuring their safety and well-being.

Understanding Adult Guardianship in Texas

An adult guardianship is a legal relationship created by a court order where one person (the guardian) is given the legal authority and duty to care for another adult (the ward) who has been determined by the court to be incapacitated. Incapacity, under Texas law, means the adult lacks the capacity to provide food, clothing, or shelter for themselves, to care for their own physical health, or to manage their own financial affairs. The court’s primary concern is always the best interest and protection of the proposed ward.

When is Adult Guardianship Necessary?

Guardianship is a serious step that removes certain rights from an individual. It should be pursued only when less restrictive alternatives are insufficient. Our attorneys help families evaluate the need by assessing situations such as:

• Advanced Cognitive Diseases: A parent or spouse with Alzheimer’s disease, dementia, or other degenerative conditions who can no longer manage bills, make sound medical decisions, or is vulnerable to financial exploitation.
• Severe and Debilitating Mental Illness: An adult child or sibling with a severe psychiatric condition that impairs their ability to meet essential personal needs or make reasoned decisions about treatment.
• Traumatic Brain Injury or Stroke: A sudden injury or illness resulting in significant and lasting cognitive impairment, leaving the individual unable to handle their affairs.
• Severe Developmental Disabilities: When a child with significant intellectual or developmental disabilities reaches the age of majority (18), parents lose their automatic legal authority. Guardianship may be needed to continue providing necessary care and decision-making.

Types of Adult Guardianships in Texas

Texas law provides for different types of guardianships, allowing the court to tailor the arrangement to the specific needs of the individual.

Guardianship of the Person

A guardian of the person is responsible for the ward’s physical well-being. This includes duties such as:

• Making decisions about housing, meals, and daily care.
• Consenting to medical, dental, and psychiatric treatment.
• Ensuring the ward’s safety and living environment is appropriate.

Guardianship of the Estate

A guardian of the estate manages the ward’s financial affairs. Key duties include:

• Inventorying and managing the ward’s income, assets, and property.
• Paying the ward’s legitimate bills and expenses.
• Investing the ward’s funds prudently.
• Providing detailed, regular accounting to the court.

One individual may serve as both guardian of the person and the estate, or different people may be appointed to each role.

Less Restrictive Alternatives

A core principle of Texas guardianship law is to use the least restrictive alternative. Before pursuing a full guardianship, our attorneys will explore whether these options are sufficient:

• Durable Power of Attorney: A document created by the individual while they still had capacity, appointing an agent to manage financial or medical decisions.
• Medical Power of Attorney & Directive to Physicians: Documents directing healthcare decisions.
• Representative Payee: For managing only government benefits like Social Security.
• Supported Decision-Making Agreement: A newer, less restrictive tool where an adult retains their rights but uses a trusted supporter to help understand choices.

If these alternatives are not in place or are no longer adequate due to the level of incapacity, a court-supervised guardianship becomes necessary.

The Adult Guardianship Process in Bexar County

Establishing a guardianship is a detailed court proceeding with significant safeguards to protect the proposed ward. Our attorneys manage this complex process step-by-step:

1. Consultation and Assessment: We meet with the family to review medical conditions, the individual’s functional capacities, and the urgency of the situation. We gather necessary medical and financial documentation.
2. Filing the Application: We prepare and file a detailed Application for Guardianship in the Bexar County Probate Court, along with a physician’s or psychologist’s letter of incapacity (a required medical examination).
3. Court-Appointed Roles:
   1. Court Investigator: The court will appoint an independent investigator to visit the proposed ward, interview them and interested parties, and report to the judge on the necessity of guardianship.
   2. Attorney Ad Litem: An attorney is appointed solely to represent the legal interests and wishes of the proposed ward. They are a mandatory and independent voice in the process.
4. The Court Hearing: A hearing is held before a probate judge. The applicant must prove by clear and convincing evidence that the individual is incapacitated and that guardianship is the best available option. We present medical evidence, witness testimony, and the investigator’s report. The proposed ward has the right to be present, to object, and to request a jury trial.
5. Issuance of Letters of Guardianship: If the court finds guardianship necessary, it will sign an order appointing the guardian and issue Letters of Guardianship, which are the official documents proving the guardian’s authority.
6. Ongoing Duties and Oversight: A guardian’s responsibility continues under court supervision. This includes filing an initial inventory of the ward’s estate, annual accountings (for estate guardians), and personal status reports. The court must approve certain major decisions, like selling the ward’s real estate.

The Role of the Guardian and Their Legal Duties

Serving as a guardian is a significant fiduciary responsibility demanding the highest degree of care, loyalty, and good faith. The guardian must always act in the ward’s best interest. Our firm provides crucial ongoing counsel to guardians to help them fulfill these duties properly and avoid legal pitfalls, including:

• Duty of Care: Managing the ward’s affairs with the care a prudent person would exercise.
• Duty of Loyalty: Avoiding conflicts of interest and never using the guardianship for personal gain.
• Duty to File Reports: Complying with all court-mandated reporting requirements.
• Personal Advocacy: Considering the ward’s personal values and wishes to the greatest extent possible.

How Barton & Associates Supports San Antonio Families

Navigating the emotional and legal complexities of adult guardianship requires an attorney who is both knowledgeable and empathetic. Our team provides:

• Clear Guidance: We explain the process, your options, and what to expect in plain language.
• Thorough Preparation: We ensure all documents, evidence, and filings are meticulously prepared to meet strict legal standards.
• Compassionate Advocacy: We handle sensitive family dynamics with care while vigorously advocating for the protection your loved one needs.
• Estate Coordination: We work with your estate planning attorney to ensure the guardianship aligns with any existing trusts, wills, or beneficiary designations.

Contact Our San Antonio Adult Guardianship Attorneys

If you are concerned about a loved one’s ability to care for themselves or manage their finances, the experienced guardianship lawyers at Barton & Associates can help you explore your legal options. We are here to provide the support and legal expertise needed to protect those who can no longer protect themselves.

Schedule a confidential consultation to discuss your family’s specific situation. Call our office today at 210-500-0000 or complete our online consultation form. We serve families throughout San Antonio, Austin and Corpus Christi, Texas.

Main Category: Family Law
Practice Area Category: Legal Guardianship
Barton & Associates, Attorneys at Law
115 Camaron St, San Antonio, TX 78205
Office: 210-500-0000