What Are the Different Types of Guardianship in Texas?

When a loved one becomes unable to manage their own affairs due to age, illness, or disability, the decision to pursue guardianship can feel overwhelming. It involves legal steps, court supervision, and a realignment of rights and responsibilities—all at a time when your family may already be facing emotional and financial stress.

In Texas, guardianship is a legal process that gives one person (the guardian) the authority to make decisions on behalf of another person (the ward) who cannot manage some or all aspects of their personal or financial life. But not all guardianships are the same. The type of guardianship depends on what the ward needs, how long the guardianship may last, and what kind of decisions the guardian will be authorized to make.

This blog outlines the different types of guardianship in Texas, how they are categorized, and what each one means under state law.

Guardianship of the Person vs. Guardianship of the Estate

Texas law recognizes two primary categories of guardianship, each serving a distinct function:

• Guardianship of the Person allows the guardian to make non-financial decisions for the ward, including decisions about medical care, living arrangements, and general welfare.
• Guardianship of the Estate grants authority to manage the ward’s financial affairs, including income, assets, and legal transactions.

In some guardianship cases, the court may appoint the same individual to serve in both roles. Alternatively, different individuals may be appointed as guardian of the person and guardian of the estate, depending on what the court determines to be in the ward’s best interest. This flexibility is provided for in Texas Estates Code § 1104.001.

Once the court determines the type of authority needed—personal, financial, or both—it must also decide how long the guardianship should last and how broad that authority should be.

Temporary vs. Permanent Guardianship

The court may appoint a temporary guardian when there is an immediate risk to the proposed ward’s health, safety, or property. This type of guardianship is typically used in emergency situations, such as when an incapacitated person is being financially exploited or is in physical danger.​

Key features of temporary guardianship in Texas include:

• Duration: A temporary guardianship typically lasts no more than 60 days. However, in limited situations—such as when a permanent guardian has not yet qualified—the court may extend that period. This is outlined in § 1251.052.
• Scope of Authority: The court may only grant powers that are necessary to address the specific emergency at hand. Temporary guardians are not given full authority unless the facts of the case require it. This approach is designed to limit overreach and protect the proposed ward.
• Hearing Requirements: A hearing on the application for temporary guardianship is typically required within 10 days of filing. This deadline may be postponed under specific circumstances, but the court generally acts quickly in these cases to determine whether temporary guardianship is appropriate.​

If the situation requires long-term decision-making authority, the court may later appoint a permanent guardian after a formal guardianship hearing and review of the evidence. A permanent guardianship remains in effect until the court modifies or terminates the order or the ward passes away.

Full vs. Limited Guardianship

Not every proposed ward requires a full transfer of decision-making power. Texas law permits either full or limited guardianship, depending on the extent of incapacity.

• A full guardianship grants the guardian complete authority over either the person, the estate, or both. This may be appropriate if the ward is unable to make or communicate responsible decisions regarding any aspect of their life.
• A limited guardianship restricts the guardian’s authority to specific areas of the ward’s life where assistance is necessary. For example, a guardian may be given authority to make medical decisions, while the ward retains the ability to make decisions about personal relationships.

The court will consider whether a less restrictive alternative to guardianship is appropriate before granting full guardianship, as required by § 1001.001(b).

Guardianship is not just about the scope or duration of authority. It also depends on who the ward is. Texas law makes important distinctions between guardianships for minors and those for incapacitated adults.

Minor Guardianship

When a minor child is left without a parent who can provide care—due to death, incapacity, or abandonment—the court may initiate guardianship proceedings to appoint a legal guardian. This typically involves appointing a guardian of the person to make decisions related to healthcare, education, and daily living. The court will always consider the best interest of the child, as outlined in § 1104.051.​

If the child inherits property or receives a settlement, the court may appoint a guardian of the estate to manage those financial assets until the child reaches adulthood. The appointment and duties of a guardian of the estate are governed by § 1151.151.​

The court will review whether a family member is suitable to serve as guardian. If no qualified relative is available, the court may appoint a private professional guardian who is certified by the state. A parent may also nominate a potential guardian in a will or formal declaration under § 1104.053, which the court must honor unless the nominee is disqualified.​

Adult Guardianship

Adult guardianship in Texas applies when an incapacitated person is unable to care for their physical health or manage financial affairs due to conditions such as dementia, intellectual disabilities, or brain injury.

To initiate the process, a proposed guardian must file a guardianship application with the probate court in the county where the proposed ward resides, accompanied by a physician’s certificate of incapacity as required under § 1101.103. The court will appoint an attorney ad litem to represent the proposed ward’s interests under § 1054.001, and will also require a criminal background check and guardian training through the Judicial Branch Certification Commission.

The court considers medical evidence, testimony from medical providers, and input from family members before deciding whether to grant guardianship.

Private Professional Guardians

When no suitable family member is available—or when guardianship litigation arises due to conflicts among relatives—the court may appoint a private professional guardian. These individuals are certified by the state and may serve in complex guardianship cases involving high-value estates, contested appointments, or long-term care planning.

Private guardians are subject to annual reporting requirements and court supervision, and they must comply with the ethical standards outlined by the Texas Judicial Branch Certification Commission.

Texas guardianship laws are designed to preserve the ward’s rights and autonomy whenever possible. The legal relationship created through guardianship grants the appointed guardian authority, but it also imposes significant responsibilities, including annual reporting and accountability to the court.

If you are considering guardianship and unsure what type applies to your situation, consult with a guardianship attorney to determine the most appropriate legal path for your family’s situation.

Get Trusted Legal Guidance on Guardianship in Texas

Whether you are preparing to file a guardianship application or responding to a petition involving a loved one, you need legal representation that respects the seriousness of the process and the rights of everyone involved. At Your Legacy Legal Care®, our Houston guardianship lawyers assist clients with the full range of guardianship proceedings, from routine appointments to contested hearings.

We handle complex issues involving incapacitated persons, minor children, and private professional guardians, and we are committed to providing thoughtful guidance throughout the guardianship process. Our team works to protect families, comply with Texas guardianship laws, and pursue solutions that serve the ward’s best interest.

Your online search for “guardianship lawyers near me,” or “elder law attorney” brought you here, and you are in the right place. Call us at (281) 218-0880(281) 218-0880 or fill out our confidential online form to request a strategy session today.

While you wait for your strategy session, we invite you to check out our podcast, “Life Happens!”, with estate planning and elder law attorney Kim Hegwood.

We help families plan for the future, protect their loved ones, and guide them through the unexpected.

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The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.

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