Who can be appointed as a guardian in Texas?

Most people have heard about guardianship but don't know exactly what a legal guardian's role is and how this position can vary from state to state. In general terms, a guardian is appointed by the court to make personal decisions for an individual who is incapacitated or incapable of making some or all decisions. An individual with an illness, injury or disability may be unable to make decisions about their own health care, money, living situation or other personal matters. In Texas, legal guardians are held to a high standard regarding the duty of care they give to the individual (known as a "ward").

Eligible Individuals

In Texas, the courts give precedence to a family member rather than a non-family member in appointing a guardian. Texas law states that "private professional guardians," can be appointed by the court if there are no family members for the proposed ward. These individuals are qualified third parties.

A guardian must be at least 18 years old and a resident of Texas. If the individual has a certain criminal record, it could disqualify them from this legal role. All potential guardians are required to undergo a criminal background check.

According to the Texas Department of Protective and Regulatory Services, an incapacitated person who does not have a family member or friend who can serve in this capacity may be appointed guardians for them by other agencies.

Preferred Candidates

Protecting the well-being and interests of an incapacitated person is a vital role of the appointment. The guardian assumes legal responsibility and makes decisions on behalf of the ward. The ideal guardian should possess several key characteristics:

1. Compassion.
Connecting and understanding the ward's needs and giving emotional support in creating a healthy environment matters.

2. Adaptability.
Easygoing guardians are considered the best caretakers for this role because they are able to adjust whenever circumstances evolve regarding the ward.

3. Financial Accountability.
Guardians are responsible for managing the ward's fiscal matters. This often means paying bills, overseeing investments, setting up a budget and filing tax returns on behalf of the ward. A guardian needs a strong background of maturity and honesty with money.

4. Excellent Communication.
A good guardian listens well and conveys their message effectively to the medical professionals and others in the ward's support network. They work hard to collaborate with others for the ward's well-being.

Criteria for Appointment

Once a potential guardian has the eligible qualifications, an application is filed with the appropriate court in the county where the proposed ward is located.

Next, the potential guardian will give notice to the ward, their relatives and any other parties interested in the guardianship proceedings.

The court will conduct a criminal background check and give the potential guardian instructions on completing the process.

An attorney ad litem may be court-appointed to represent the proposed ward's best interests.

Then, a court hearing for guardianship will be held to evaluate the petitioner's qualifications and determine where legal guardianship is necessary.

Special Considerations

There are circumstances when an incapacitated individual needs the designation of a guardian to make legal decisions on their behalf. These include minors, developmentally disabled adults and older adults, and every situation is unique.

For example, deceased parents could leave a minor without anyone to look after them. If a guardian wasn't named in the parents' estate plan, the court will appoint one for the ward. These matters can cause disagreements with other family members over who is making important decisions for the minor.

Aging adults with decreased cognitive function also need a legal guardian to make rational decisions for them. In Texas, the law provides for full guardianship, limited guardianship, co-guardianship and short-term guardianship for emergencies.

Becoming a guardian means a lot of responsibility; protecting a vulnerable individual is a complex legal matter. If you're considering guardianship or would like more information about how it works, choose a highly skilled law firm that can navigate you through the Texas guardianship process. An experienced team of attorneys can help ensure that you and your loved ones are cared for no matter what happens down the road.