What is a guardianship?

A guardianship is a legal proceeding where a court appoints a person or entity to be the guardian of an incapacitated person.  The appointed guardian is responsible for making personal, medical, and financial decisions on behalf an incapacitated person.

What are the types of guardians?

There are two types of guardians:  Guardian of the Estate and Guardian of the Person.  One individual can serve in both capacities.

Who is disqualified to serve as guardian of the person or estate?

A person may not be appointed guardian if the person is:

1.         a minor;

2.         a person whose conduct is notoriously bad;

3.         an incapacitated person;

4.         a person who is a party or whose parent is a party to a lawsuit concerning or affecting the welfare of the proposed wards, unless the court:

A.        determines that the lawsuit claim of the person who has applied to be appointed guardian is not in conflict with the lawsuit claim of the proposed ward; or

B.         appoints a guardian ad litem to represent the interests of the proposed ward throughout the litigation of the ward's lawsuit claim;

5.         a person indebted to the proposed ward unless the person pays the debt before appointment;

6.         a person asserting a claim adverse to the proposed ward or the proposed ward's property, real or personal;

7.         a person who, because of inexperience, lack of education, or other good reason, is incapable of properly and prudently managing and controlling the ward or the ward's estate;

8.         a person, institution, or corporation found unsuitable by the court;

9.         a person disqualified in a declaration made under Texas Probate Code section 679;

10.       a nonresident person who has not filed with the court the name of a resident agent to accept service of process in all actions or proceedings relating to the guardianship.