Texas Guardianship Explained: Protecting Vulnerable Loved Ones| Ashmore Law Firm, P.C. | Dallas Guardianship Lawyer

What Guardianship Covers

A guardian may be granted authority to make choices involving:

Financial management
Health care decisions
Daily care and overall well being

Because guardianship reduces a person’s independence, Texas courts only approve it when there is clear evidence that no less restrictive option will keep the person safe. The process requires careful evaluation, legal filings, and judicial oversight.

Guardianship for Minors in Texas

When a child’s parents are unable to care for them due to death, incapacity or other serious circumstances, Texas law allows a guardian to be appointed to protect the child’s well being and manage their financial interests. The Ashmore Law Firm guides families through the guardianship process with clear advice and compassionate support. Our attorneys help you understand the rights and responsibilities involved, prepare the required court filings and represent you during hearings to ensure the child’s best interests are protected. Whether you need temporary guardianship, long term guardianship or guidance on managing a minor’s inheritance or legal settlement, our firm provides experienced representation every step of the way.

When to Consider Guardianship

You may need to explore guardianship if a loved one is:

Struggling to manage daily tasks
Making unsafe financial or medical decisions
Showing signs of cognitive decline
Unable to understand or participate in their own care

If you are concerned about a family member’s ability to manage alone, the Ashmore Law Firm can help you determine the right path forward.

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How The Ashmore Law Firm Supports Dallas Families Through the Guardianship Process

The Ashmore Law Firm assists families with every stage of the guardianship process, including:

Determining whether guardianship is truly needed
Exploring alternatives that might protect the individual while preserving independence
Filing and managing all required court documents
Representing families during every court hearing
Ensuring the guardian understands their responsibilities under Texas law

The goal is always protection, never control. Our team approaches every case with compassion and respect for the individual’s dignity.

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Lori Ashmore Peters lpeters@ashmorelaw.com

20+ year Super Lawyer helping families in Dallas, HP & all DFW with Estate Planning, Probate, & Litigation

Top FAQs about guardianship in Texas

What is guardianship in Texas?

Guardianship is a legal process where a court appoints someone to make decisions for a person who cannot manage their own personal or financial affairs. The court oversees the arrangement to ensure the individual is protected.

When is guardianship necessary?

Guardianship is considered when a person is unable to care for themselves or make safe decisions due to age, illness, disability, or cognitive decline. Courts approve it only when no less restrictive option will keep the person safe.

What types of guardianship exist in Texas?

Texas recognizes two main types of guardianship:

Guardian of the Person, which covers personal and medical decisions.
Guardian of the Estate, which covers financial management.
Some cases require both.

How do you start the guardianship process?

The process begins by filing an application with the appropriate Texas court. After that, the court conducts evaluations, appoints an attorney for the proposed ward, and schedules a hearing to determine if guardianship is needed.

Who can serve as a guardian?

Most often, a close family member serves as guardian. The court must confirm that the person is qualified, willing, and able to act in the best interest of the individual who needs protection.

Does guardianship take away a person’s rights?

Guardianship can limit certain rights, such as making medical or financial decisions. For this reason, Texas courts require proof that guardianship is necessary and that all less restrictive alternatives have been considered.

How long does guardianship last?

Guardianship generally continues until the person regains capacity, passes away, or the court determines the arrangement is no longer needed. Annual reporting is required to maintain oversight.

What are alternatives to guardianship?

Alternatives may include powers of attorney, supported decision making agreements, trusts, or help from family and professionals without removing the person’s rights. Courts prefer these options when they provide enough protection.

How much does guardianship cost in Texas?

Costs vary based on court fees, attorney involvement, evaluations, and the complexity of the case. Many families can get a clearer estimate during a consultation with a guardianship attorney.

Do I need an attorney for guardianship?

Yes, Texas law requires an attorney to file and handle guardianship cases. Because guardianship affects a person’s rights, the court uses strict procedures that must be followed correctly.

Can guardianship be contested?

Yes. Family members or other interested parties can challenge the need for guardianship or who should serve as guardian. The court will review evidence and decide what best protects the individual.

What is guardianship of a minor child in Texas?

Guardianship of a minor allows an adult to make legal, medical, educational, and financial decisions for a child when the parents are unable to do so. This can be temporary or long term depending on the situation.

When is guardianship of a minor child needed?

Guardianship may be needed if the child’s parents have passed away, become incapacitated, are unavailable, or cannot provide a safe and stable environment. Courts step in to ensure the child’s best interests are protected.

How do parents designate a guardian for their child?

Parents can name a guardian in their will or through a written designation. The court gives strong consideration to the parents’ choice, but still must confirm that the designated guardian is fit and acting in the child’s best interest.

Can a temporary guardian be appointed for a minor?

Yes. Texas allows temporary guardianship in urgent or emergency situations. This ensures the child has immediate care while the court reviews the long term plan.

Can guardianship of a minor be challenged?

Yes. Family members or other interested parties can contest a guardianship appointment. The court reviews evidence and always makes a decision guided by the child’s best interest.

What happens if there is no guardian designated for a minor in Texas?

If parents do not name a guardian and they pass away or become unable to care for their child, the court steps in and selects a guardian. The judge will review relatives or other qualified adults and choose the person who can best provide a safe, stable, and supportive environment for the child. Although the court considers family preferences, the decision is always based on the child’s best interest.

Contact The Ashmore Law Firm

Guardianship is a powerful tool that should be used only when absolutely necessary. If you are unsure what your loved one needs, speak with our team. We will guide you toward the safest and most appropriate solution for their well being.

Schedule your consultation today.