When it comes to making decisions for someone who is unable to make decisions due to mental or physical incapacity, guardianships are an essential part of the legal landscape. Guardianships can help protect the rights and welfare of individuals who cannot advocate for themselves. In Texas, Guardianships are established when a court determines that a person is incapacitated, which means they are unable to make critical decisions. In this blog, we’ll explore everything you need to know about guardianships in Texas. 

1. What is a Guardianship?

A guardianship is a court-appointed arrangement that grants a person or organization, known as a guardian, permission to make financial and medical decisions for an incapacitated person. A guardian is appointed by a court to help protect the interests of a person who is considered mentally or physically incapacitated and is unable to make decisions for themselves.

2. How Guardianships Work in Texas

In Texas, guardianships are put in place to protect the interests of the incapacitated person, who is legally referred to as the ward. A court must appoint a guardian, and the court will review a potential guardian’s qualifications. A ward can also express a preference for their desired guardian, which courts take into account when making decisions. Once appointed, the guardian is responsible for making decisions regarding the ward’s medical care, financial affairs, and legal matters.

3. Types of Guardianships in Texas

Texas recognizes two types of guardianships: Guardian of the Person and Guardian of the Estate. Guardian of the Person is responsible for making decisions regarding the ward’s residence, medical care, and education. The Guardian of the Estate, on the other hand, is responsible for managing the ward’s assets and finances.

4. Who Can Serve as a Guardian in Texas?

In Texas, a guardian is usually a family member or a close friend of the ward. However, if there are no family members or friends available to serve as a guardian, the court may appoint a professional guardian. The court will consider a guardian’s personal and professional qualifications when making determinations.

5. Terminating a Guardianship in Texas

Guardianships in Texas can be terminated if a ward’s condition improves or if a court determines that the ward no longer requires a guardian. A ward, a guardian, or a person interested in the ward’s welfare can petition the court to terminate a guardianship. It is essential to take the necessary legal steps to ensure that guardianship is terminated the right way to avoid any future complications.

Guardianships are crucial in ensuring the welfare of individuals who are unable to make decisions due to incapacitation. In Texas, the process of establishing guardianships is precise, and various types of guardianships meet different needs. If you are in Texas and need a guardian for yourself or a loved one, it is crucial to engage the services of an experienced attorney to guide you through the process. At OpenAI Legal, we provide legal services to help individuals establish guardianships and guide them on how the guardianship process works in Texas. Contact us today to learn more about guardianships and how we can help you through the process.