Guardianship Attorney in Austin, Texas

Guardianship is a court-created legal status that allows one person (the guardian) to make decisions for another person who lacks the legal capacity to make them independently (the ward). In Texas, guardianship is considered a last resort when voluntary alternatives — powers of attorney, medical directives, trusts — are not in place and the person can no longer make responsible decisions.

Texas courts establish two types of guardianship: guardianship of the person (authority over personal decisions including healthcare and living arrangements) and guardianship of the estate (authority over financial and property decisions). Both may be needed, or just one, depending on the specific incapacities and assets involved. Courts can also grant limited guardianship — restricting the guardian's authority to specific decisions while preserving the ward's autonomy in other areas.

The guardianship process begins with a petition to the Travis County probate court. The proposed ward is entitled to legal representation (the court appoints an attorney ad litem). A physician must certify the proposed ward's incapacity. The court holds a hearing, considers the evidence, and determines whether guardianship is necessary and appropriate. The guardian is then required to post bond, file annual reports with the court, and obtain court approval for significant financial transactions.

The court-supervised nature of guardianship means it is ongoing, not a one-time proceeding. The guardian files annual reports with the probate court — an accounting of all income, expenses, and assets for guardianship of the estate, and a report on the ward's condition for guardianship of the person. Failing to file these reports or to follow court procedures can result in removal of the guardian.

Guardianship could often be avoided — or significantly limited — if advance planning documents had been in place. A durable power of attorney allows a designated agent to manage financial matters without court involvement. A medical power of attorney allows a healthcare agent to make medical decisions. A properly funded living trust avoids court involvement for asset management. Guardianship attorneys often also counsel families on the planning tools that could have prevented the proceeding.

We connect Austin families navigating guardianship proceedings with attorneys who practice in the Travis County probate court. Whether you are seeking to be appointed guardian for an aging parent or a child approaching adulthood with disabilities, or responding to a guardianship petition filed by someone else, the process requires legal representation.