Navigating Pre-Existing Guardianships in Texas: Your Guide to Ongoing Court Supervision and Compliance

When a guardianship is already established in Texas, whether for a minor or an incapacitated adult, the legal journey is not over. A pre-existing guardianship involves significant ongoing responsibilities and court supervision to ensure the continued protection and proper care of the ward. At Barton & Associates, Attorneys at Law, our San Antonio guardianship attorneys provide essential legal support to individuals who are currently serving as guardians or who are concerned about the administration of an existing guardianship. We help guardians fulfill their fiduciary duties, navigate required court procedures, and address any emerging legal issues, ensuring full compliance with Texas law and the protection of the ward’s best interests.

Understanding the Nature of an Established Guardianship in Texas

A pre-existing guardianship is one that has already been created by a court order, typically from the Bexar County Probate Court or a Texas probate court in another county. The appointed guardian now holds legal authority over either the ward’s person (their care and well-being), their estate (their finances and property), or both. This arrangement continues under the court’s active supervision until a legally defined termination event occurs, such as the ward turning 18, the ward’s death, or a judicial finding that the guardianship is no longer necessary. The core purpose of this ongoing legal relationship is to provide stable, accountable, and court-monitored protection for the ward.

Key Ongoing Duties and Responsibilities for Current Guardians

Serving as a guardian is a profound fiduciary duty. This means the guardian must act with the utmost good faith, loyalty, and care, always prioritizing the ward’s best interests above all else. The Texas Estates Code outlines specific, mandatory responsibilities that guardians must perform under court supervision.

For a Guardian of the Person

The guardian responsible for the ward’s personal care must:

• Ensure the ward has appropriate and safe housing, nutrition, and clothing.
• Provide for the ward’s necessary medical, dental, and psychological care, including giving informed consent for treatments.
• Advocate for the ward’s educational needs and social well-being.
• File an Annual Report with the court, detailing the ward’s living arrangements, medical condition, and general welfare.

For a Guardian of the Estate

The guardian responsible for the ward’s financial affairs has stringent duties to manage the estate prudently:

• File an Initial Inventory: Soon after appointment, the guardian must file a complete, sworn list of all the ward’s assets and their values with the court.
• Obtain a Bond: The court typically requires a surety bond, which acts as an insurance policy to protect the estate from potential mismanagement.
• Manage Assets Prudently: The guardian must manage the estate’s assets carefully, avoiding unnecessary risk and keeping detailed records of all income and expenses.
• Seek Court Approval for Major Actions: The guardian cannot take certain significant actions without prior court authorization. This includes selling the ward’s real estate, making substantial gifts, settling personal injury claims, or investing funds in certain ways.
• File Annual Accountings: Each year, the guardian must file a detailed, sworn Annual Accounting with the court. This report must list all receipts (income) and disbursements (expenses) for the estate, supported by bank statements and receipts, and provide a current balance sheet.

Failure to comply with these reporting requirements can lead to serious consequences, including removal as guardian, liability for losses, or even allegations of contempt of court.

Common Legal Issues and Changes in Pre-Existing Guardianships

Life circumstances change, and a guardianship established years ago may need adjustment. Our attorneys assist with various post-appointment legal matters.

Seeking Court Authorization for Specific Acts

A guardian may need to petition the court for permission to undertake a significant action not covered by the original order, such as:

• Selling the ward’s home or other real property.
• Making a substantial gift for estate planning purposes (which is rarely granted).
• Investing estate funds in a specific manner.
• Changing the ward’s permanent residence to a different county or state.

Modifying the Guardianship

If the ward’s condition or needs change, it may be appropriate to modify the guardianship order itself. For example:

• A Limited Guardianship may be expanded to a full (plenary) guardianship if the ward’s condition deteriorates.
• Conversely, if a ward shows improvement, the guardianship may be modified to restore some rights to the ward or even be terminated entirely in a Restoration Proceeding.

Addressing Concerns and Contested Matters

Disputes can arise in an existing guardianship. We represent:

• Guardians who are facing objections from family members regarding their management decisions or who need to defend their actions in court.
• Concerned Family Members who have reason to believe the current guardian is not acting in the ward’s best interest, is misusing assets, or is providing inadequate care. In such cases, we can advise on filing a motion to remove the guardian or to compel an accurate accounting.

Transferring Guardianship to Another Jurisdiction

If the ward needs to relocate to another state, or if a guardian appointed elsewhere moves to Texas, we assist with the complex legal process of transferring the guardianship to the proper jurisdiction, ensuring continuity of care and legal authority.

The Role of the Court and Ongoing Oversight

It is crucial to understand that a Texas guardianship is not a one-time event. The probate court maintains continuing jurisdiction over the case for as long as the guardianship exists. The court clerk sets annual review dates, and the guardian is legally obligated to file reports by these deadlines. A court investigator may periodically review the case, and the judge has the authority to request hearings, demand additional information, or take action if the guardian fails in their duties.

When and How a Pre-Existing Guardianship Ends

Guardianships are designed to be protective, not permanent prisons. They terminate upon specific events:

• For a Minor Ward: The guardianship of the person automatically ends when the ward turns 18. A guardianship of the estate for a minor’s inheritance may continue until the assets are properly distributed.
• For an Adult Ward: The guardianship ends upon the ward’s death or if the ward regains capacity and the court formally restores their rights in a restoration proceeding.
• Resignation or Removal: A guardian may petition to resign, and the court must appoint a successor. Alternatively, the court may remove a guardian for failing to perform duties, wasting assets, or acting against the ward’s best interest.

Upon termination, the guardian has a final duty to file a closing report and accounting, distributing any remaining assets appropriately (to the former ward, their heirs, or a successor guardian).

How Barton & Associates Supports Current and Concerned Guardians

Managing a pre-existing guardianship requires meticulous attention to legal detail and court procedure. Our firm provides vital support to ensure compliance and protect the ward.

• Annual Reporting Assistance: We help guardians prepare, complete, and file the mandatory Annual Accountings and Personal Status Reports accurately and on time, avoiding court sanctions.
• Petitioning the Court: We draft and file clear, legally sound petitions to seek court authorization for necessary actions, such as selling property or making investments.
• Representation in Contested Hearings: We provide strong advocacy in court if the guardianship is challenged or if you need to challenge the actions of another guardian.
• Guidance on Fiduciary Duties: We offer ongoing counsel to help guardians understand the scope of their powers and the limits of their authority, preventing well-intentioned mistakes that could have legal consequences.
• Termination and Closure: We guide guardians through the proper legal steps to conclude a guardianship when the time comes, ensuring a final accounting is accepted by the court.

Contact Our San Antonio Pre-Existing Guardianship Attorneys

Whether you are a guardian seeking to fulfill your duties properly, a family member with concerns about an existing arrangement, or someone needing to modify a guardianship due to changed circumstances, the experienced legal team at Barton & Associates can help.

Schedule a confidential consultation to discuss the specifics of the pre-existing guardianship and your role within it. We will provide clear, actionable legal advice to ensure the ward’s protection and your compliance with Texas law. Call our office today at 210-500-0000 or complete our online consultation form. We serve clients 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