Guardianship
Guardianship strips a person of fundamental rights and is treated as a last resort under Texas law.
WHAT GUARDIANSHIP MEANS
Guardianship Is a Serious Court Proceeding
Guardianship is the court-created relationship between an incapacitated individual, called the Ward, and a court-approved Guardian. A guardianship strips the Ward of rights that most people take for granted, rights they may no longer be able to exercise due to age or incapacity.
Because of this, the process is deliberately difficult. It receives close scrutiny at every stage. The court will even appoint a separate attorney to represent the proposed Ward, to make sure the guardianship is genuinely in their best interests and that their rights are protected throughout.
David Borger holds the certification required by the state of Texas to handle guardianship cases. He works with families to consider every available option before a guardianship application is ever filed.
Types of Guardianship
Guardianship Options Under Texas Law
Texas law recognizes several types of guardianship, each designed for different circumstances. David Borger helps families determine which option, if any, is appropriate before moving forward with a court application.
The Guardianship Process
How a Guardianship Case Moves Through Court
A guardianship application is filed in the County Court or Probate Court in the county where the proposed Ward lives. The Texas Estates Code governs the entire process. Here is what the court evaluates before appointing a guardian:
Incapacity Confirmation
The court must confirm that the proposed Ward is legally incapacitated and unable to manage their own personal or financial affairs.
Best Interests Assessment
The court must determine that a guardianship is in the proposed Ward’s best interests, not simply convenient for the family.
Exploration of Alternatives
Texas law requires that attorneys and courts examine all reasonable alternatives to guardianship before a guardianship is imposed. Less restrictive options must be ruled out first.
Qualified Applicant Review
The court must confirm that the person applying to serve as guardian is qualified, has no conflicts of interest with the Ward, and is capable of fulfilling the responsibilities of the role.
WHEN FAMILIES NEED HELP
When Guardianship May Be Necessary
Guardianship is considered only after less restrictive options have been explored. It may become necessary when someone can no longer make informed decisions, and their health, finances, or personal well-being are at risk.
- Aging Adults
Helping protect seniors experiencing dementia, Alzheimer’s disease, or other conditions that affect decision making. - Adults With Disabilities
Providing legal authority to assist adults who cannot safely manage personal or financial matters on their own. - Minor Children
Appointing a guardian when parents are unable to care for a child because of death, incapacity, or other circumstances.
Experienced Texas Guardianship Representation
Experience
Successfully Resolved
David Borger
Texas Guardianship Attorney
For more than 25 years, David Borger has helped families across Texas with probate, estate administration, and other estate planning matters. He provides straightforward legal advice, clear communication, and personal attention from the beginning of your case through its resolution.
- State Bar of Texas
- Member, Texas Bar College
- Member, Harris County Bar Association
- Member, Montgomery County Bar Association
- Member, Travis County Bar Association
- Member, Dallas and Tarrant County Bar Associations
- Former Board Member, Montgomery County Bar Association
Frequently Asked Questions
Guardianship raises difficult questions for families, often during already stressful times. Here are direct answers to what David Borger hears most often.
When does a person actually need a guardianship?
A guardianship is needed when a person is legally incapacitated and no less restrictive arrangement, such as a power of attorney or supported decision making agreement, is sufficient to protect them. Texas courts require that all alternatives be considered first.
Can a guardianship be challenged or contested?
Yes. Any interested party can contest a guardianship application. The proposed Ward has their own court-appointed attorney throughout the process. If you believe a guardianship is being sought in bad faith, or if you want to contest who is applying to serve as guardian, David Borger can represent you.
What happens if someone becomes incapacitated and has no power of attorney?
Without a power of attorney in place, a guardianship may be the only legal option available to the family. This is one of the primary reasons estate planning attorneys encourage clients to put powers of attorney in place while they are still able to do so.
How long does the guardianship process take in Texas?
An uncontested guardianship in Texas typically takes two to four months from the filing of the application to the appointment of a guardian. Contested cases can take considerably longer. David Borger will give you a realistic timeline based on your specific situation.
Does a guardian have to report to the court?
Yes. Guardians in Texas are required to file annual reports with the court on the Ward’s personal status. Guardians of the estate must also file detailed financial accountings showing how they have managed the Ward’s assets.
Speak With a Texas Probate Attorney Today
If you are dealing with probate administration, a contested will, or an estate dispute, early legal advice protects your position.
Consultations are confidential.
