Guardianship is a court-supervised legal arrangement where a judge appoints a guardian to make personal and/or financial decisions for someone who can no longer do so independently — an incapacitated adult, an elderly parent with dementia, or a child whose parents have died or become incapacitated. Guardianship involves ongoing court oversight, annual accountings, and reporting requirements that last until the ward recovers, dies, or the court modifies the arrangement.
Texas Legal Giants guides Houston families through both seeking guardianship for a loved one and defending against unnecessary guardianship petitions. Free consultation — call (346) 971-7333.
Why Houston Families Choose Texas Legal Giants for Guardianship
Full Proceeding Representation
Guardianship involves a formal court proceeding with required medical certificates, witness testimony, and a hearing before a probate judge. We handle every step — from the application to the final order.
Alternatives First
Guardianship is often avoidable with proper advance planning. We always evaluate whether a durable power of attorney, medical directive, or supported decision-making agreement can meet the need without full court supervision.
Both Applicant and Respondent Representation
We represent family members seeking guardianship AND individuals who want to contest a guardianship petition filed against them. Both sides need experienced counsel.
Ongoing Compliance Support
Once appointed, a guardian must file annual reports and accountings with the court. We help guardians meet their ongoing compliance obligations throughout the guardianship.
Emergency Temporary Guardianship
When a vulnerable person faces immediate risk, we can petition for emergency temporary guardianship — a shorter process with temporary authority pending the full hearing.
Medicaid and Benefits Coordination
Guardians of elderly or disabled individuals often navigate Medicaid, Social Security, and other benefit programs simultaneously. We coordinate with benefits specialists when needed.
What Is the Difference Between a Guardian of the Person and Guardian of the Estate?
A guardian of the person has authority over the ward’s personal decisions — where they live, their medical care, daily activities, and physical wellbeing. They are responsible for ensuring the ward receives appropriate care and that their rights are protected.
A guardian of the estate has authority over the ward’s financial affairs — managing assets, paying bills, collecting income, and filing required accountings with the court. The guardian of the estate cannot make personal care decisions.
A court may appoint the same person as both guardian of the person and guardian of the estate, or different people for each role. Limited guardianship — restricting authority to specific areas while preserving the ward’s decision-making in others — is preferred under Texas law when full guardianship is not necessary.
Full Guardianship
Court appoints a guardian with complete authority over the ward’s personal decisions, financial affairs, or both. Used when the ward is totally without capacity and cannot make any decisions independently. Requires ongoing annual reports and accountings filed with the court.
Limited Guardianship
Guardian has authority only over specific areas where the ward lacks capacity — for example, financial management only, while retaining the right to make personal and medical decisions. Texas law prefers limited guardianship when full guardianship is not necessary to protect the ward.
Temporary Emergency Guardianship
A judge can appoint a temporary guardian on an emergency basis — often within days — when there is immediate risk of harm to a vulnerable person. Temporary guardianship lasts until a full guardianship hearing is held or the emergency is resolved.
The Texas Guardianship Process
Application Filed in Probate Court
A family member or other interested party files an application for guardianship in the county where the proposed ward lives. The application includes a physician’s certificate of medical examination completed within 120 days.
Appointment of Attorney Ad Litem
The court appoints an attorney ad litem to represent the proposed ward’s interests — independently of whoever filed the petition. The attorney ad litem meets with the ward and reports to the court.
Investigation and Hearing
The court may appoint a guardian ad litem to investigate the ward’s circumstances and living situation. A hearing is held where evidence is presented and the proposed ward has the right to contest the guardianship.
Guardianship Order Issued
If the court finds by clear and convincing evidence that the person is incapacitated and guardianship is the least restrictive alternative available, it issues a guardianship order and the guardian takes an oath.
Letters of Guardianship Issued
The court clerk issues letters of guardianship — the document that authorizes the guardian to act. Financial institutions, medical providers, and government agencies require these letters before recognizing the guardian’s authority.
Annual Reporting Requirements
Every year, guardians of the person must file a personal status report. Guardians of the estate must file a detailed accounting of all assets, income, expenses, and distributions. Failure to file results in court sanctions and potential removal.
Navigating a Texas Guardianship? We Can Help.
Whether you need to seek guardianship for a loved one who can no longer care for themselves, or you’ve been served with a guardianship petition and want to contest it, Texas Legal Giants provides experienced, compassionate representation. Free consultation.
Frequently Asked Questions — Houston Guardianship Attorney
Common questions about Texas guardianship proceedings.
Guardianship is appropriate when a person cannot make responsible decisions about their own care or finances — due to dementia, serious mental illness, intellectual disability, or severe physical incapacitation. If the person has valid advance directives and a trusted agent, guardianship may be unnecessary. Consult an attorney before filing.
Yes — with proper advance planning. A durable power of attorney, medical power of attorney, representative payee designation, and supported decision-making agreement can often meet a person’s needs without court supervision. Guardianship is the last resort under Texas law. Texas Legal Giants always evaluates alternatives first.
A full guardianship proceeding typically takes 2–4 months from filing to the appointment order. Emergency temporary guardianship can be granted within days. The timeline depends on whether the proposed ward or other family members contest the petition.
Yes. A proposed ward has the right to contest a guardianship petition — to present evidence that they are not incapacitated, or that a less restrictive alternative is available. Family members may also contest who is appointed as guardian. Texas Legal Giants represents both petitioners and respondents.
Guardians of the person must file an annual personal status report. Guardians of the estate must file a detailed annual accounting of all financial transactions. Both must maintain records, act in the ward’s best interest, and seek court approval for major decisions such as selling real estate or investing large sums.
Yes. If the ward regains capacity, a court can terminate the guardianship and restore the person’s rights. Guardianship also ends at the ward’s death. A guardian can petition to modify the terms of guardianship if circumstances change.
Sources & Legal References
BJ Kemp — Your Houston Estate Planning Attorney
Texas State Bar #24116608 · Texas Legal Giants · Houston, TX
BJ Kemp guides Houston families through Texas guardianship proceedings — representing petitioners seeking to protect incapacitated loved ones and respondents contesting unnecessary guardianship applications. Free consultation — call (346) 971-7333. No fee unless we win your case.