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At Barr Law, PLLC, we often receive calls from individuals unsure whether they need to pursue guardianship for a loved one. Guardianship is a powerful legal tool that grants one person the authority to make decisions on behalf of another who is unable to do so. While it can provide essential protection, it also involves a formal legal process and should only be used when truly necessary.
In this article, we’ll explain what guardianship is, when it becomes legally necessary in Texas, and what your options are if you’re considering it.
Guardianship is a court-ordered arrangement where a guardian is appointed to make decisions on behalf of someone (called the “ward”) who is legally deemed incapable of making decisions for themselves. This may include managing medical care, finances, living arrangements, or other personal matters.
Guardianship can apply to:
Texas courts do not grant guardianships lightly. It is considered a last resort when no less restrictive alternatives exist. You should consider guardianship when the following situations arise:
1. An Adult Can No Longer Manage Their Affairs Due to Incapacity
This is one of the most common reasons guardianship becomes necessary. If an adult develops dementia, Alzheimer’s disease, a brain injury, or another medical condition that prevents them from making sound decisions, a court may determine they lack the capacity to manage their personal or financial matters.
In these cases, a guardian of the person may be appointed to make medical and daily living decisions, while a guardian of the estate manages finances and assets.
2. A Minor Has No Living or Capable Parents
When a child loses both parents, or if the surviving parent is deemed unfit or incapable, guardianship is necessary to ensure the child is cared for. A court can appoint a guardian to provide for the child’s education, healthcare, housing, and financial needs until the child turns 18. A guardian may also be called a conservator when a minor is involved.
3. An Adult Child with Disabilities Turns 18
Parents of children with intellectual or developmental disabilities may need to seek guardianship when their child turns 18. Once a person reaches legal adulthood, parents no longer have automatic decision-making authority. Guardianship can help ensure continuity of care and decision-making when the adult child cannot live independently or manage medical and financial decisions.
4. Risk of Exploitation or Harm
If a vulnerable adult is being taken advantage of financially, neglected, or put in unsafe living conditions, guardianship can be a protective legal remedy. A guardian can intervene to ensure the ward is safe and that their rights and assets are protected.
Before granting guardianship, courts require that all less restrictive alternatives be considered. These may include:
At Barr Law, PLLC, we help clients explore all available options to avoid unnecessary court involvement when possible.
If you’re asking questions like:
…then it’s time to speak with a guardianship attorney. Guardianship can be a necessary and compassionate step—but it must be approached correctly and with a full understanding of the legal responsibilities involved.
Our firm provides legal guidance through the guardianship process with clarity, compassion, and efficiency. We help families:
When someone you love needs help managing their life due to age, disability, or incapacity, we are here to ensure their protection and dignity under the law.
If you believe a loved one may need a guardian—or if you’re unsure whether guardianship is the right step—contact Barr Law, PLLC today to schedule a confidential consultation.
We proudly serve clients throughout Texas in matters involving guardianship, fiduciary law, probate, and trusts.
Reach out today, and let Barr Law guide you with strategic counsel and unwavering support from the outset of your legal matter.
Copyright 2025 © All Right Reserved Barr Law, PLLC. Design by JSBC Marketing