Guardianship

Some people may need a guardian if they are unable to make decisions, care for themselves, or manage personal or financial affairs due to a mental or physical disability.

Guardianship is a legal relationship where an individual (the guardian) is appointed by a court to make decisions and manage the personal and financial affairs of an incapacitated person (the ward). The guardian is typically responsible for ensuring the well-being and best interest of the person. In Texas, guardianship includes:

• Hiring a lawyer
• Filing an application with a court
• Attending a hearing
• Having a judge decide if a guardianship is necessary

Guardianship takes away a person’s rights. Before filing a guardianship application, other options are usually tried first, such as:

• Securing money management services or related tools to help the person manage money
• A supported decision-making agreement
• A power of attorney to help the person make decisions, including health care decisions
• Enrolling the person in available community services, including Medicaid programs

Once a guardian is appointed, it takes court action to change the guardianship.