Note The library cannot tell you what the law means for your situation.

Adult Guardianships

A guardianship is a legal relationship created by the court to allow the appointment of someone (the guardian) to be responsible for decision-making for someone else (the ward).

This guide discusses guardianships for an incapacitated person, which is defined in Section 1002.017 of the Texas Estates Code.

Please note that guardianships are very restrictive for the ward. There are other alternatives that should be explored before proceeding with a guardianship. These are discussed on the Alternatives to Guardianship page of this guide.

Note This guide provides information about assigning a guardian to an adult who is or may become incapacitated. For information about legal options regarding care for children or minors, see our Child Custody guide.

Texas Laws

Texas Estates Code, Chapter 1002
This chapter defines many of the legal terms that will be used in other sections of the law about guardianships. Reading this chapter is a good way to get familiar with the terminology of guardianships.
Texas Estates Code, Title 3
Title 3 of the Estates Code (Chapters 1001 – 1357) concerns guardianships in Texas. Because there is so much to this section of the law, we will be pointing out individual chapters on specific topics elsewhere in this guide.

Understanding the Law

A Texas Guide to Adult Guardianship
This guide from the Texas Health and Human Services Commission explains guardianships, the responsibilities and limitations of guardianships, and offers alternatives to guardianships in easy-to-understand language.
What is Guardianship?
Texas Health and Human Services provides a basic explanation of what a guardianship does and how its agency may get involved.
Guardianship Overview
This overview from the Governor's Office provides a list of the many things that a guardianship can do. It also contains a list of key Texas laws and notable resources.

Who can I contact?

Below you will find contact information for other organizations that may be able to provide additional information or assist you further with a guardianship.

Texas Guardianship Association
The Texas Guardianship Association is a non-profit organization that aims to provide informational resources about guardianships.
Texas Health and Human Services Commission
The Texas Health and Human Services Commission provides general information about guardianships. In some circumstances, their Guardianship Services Program may become involved in a guardianship.
Judicial Branch Certification Commission Compliance Section
The JBCC's Compliance Division accepts and investigates complaints about certified guardians.
Disability Rights Texas Legal Services
Disability Rights Texas provides assistance to Texans with disabilities who are encountering legal problems or having difficulty obtaining disability services.
Judicial Branch Certification Commission Guardianship Registration Department
The JBCC's Guardianship Registration Department provides assistance to individuals who are registering a guardianship.

Books & E-Books

These e-books contain information on guardianship. These e-books can be viewed by those who have signed up for a free library account with the State Law Library. Only Texas residents are eligible to sign up. Signing up is free.

E-Books

Texas guardianship manual
This State Bar of Texas manual is a wonderful resource for those who are creating, modifying, or administering a guardianship. It contains forms and thorough information about how one must proceed.
Texas probate, estate, and trust administration
This set provides coverage of every aspect of probate law and estate and trust administration in Texas. It includes sample forms and letters, procedural checklists, lists of source materials, charts and diagrams, tables of statutes, rules and regulations, and a quick reference index.
Wills and trusts in a nutshell
"The fifth edition of this book updates laws affecting intestate succession, wills, guardianships and trusts. It introduces wills terminology to the lay audience and summarizes the law of trusts with references to the Uniform Trust Code and the Restatement of Trusts. It uses problems arising from celebrity peccadilloes and deaths, such as those of Prince, and the mother/daughter team of Debbie Reynolds and Carrie Fisher to illustrate legal issues. The book can be adopted to supplement a traditional wills and trusts class or as the sole text for a seminar." -publisher's description
Elder law in a nutshell
This book provides a brief overview of elder law. Topics covered include ethical considerations, health care decision making, Medicaid, SSI, guardianship alternatives, pension plans, and elder abuse and neglect.

Books

Texas guardianship manual [print book]
The new edition of the Texas Guardianship Manual includes updates from the 86th Legislature, with material dedicated to the discussion of recent statutory updates relevant to the creation and administration of guardianships, including discussion of available supports and services.
Guardianship alternatives [print book].
This guide provides an overview of alternatives to guardianship, including specific forms that can be used to avoid court-supervised administration of affairs. Previously published as A Road Map to Guardianship Alternatives.

State Bar CLEs

The State Law Library is pleased to offer Continuing Legal Education Materials (CLEs) e-books from the State Bar of Texas. Below are some titles relevant to guardianships.

We have many more CLE course materials available in print. For a complete overview of our holdings, please see our Continuing Legal Education Materials page.

Note The library cannot tell you what the law means for your situation.