Taking care of someone you love isn’t always simple. When a child with special needs becomes an adult, or when an elderly parent can no longer manage their own affairs, families in Texas often start asking about guardianship. It’s a legal process designed to protect people who can’t fully care for themselves, but it can feel complicated if you’ve never been through it. That’s where working with a guardianship attorney helps.
At the Law Offices of Keith Wier, PLLC (www.keithwierlaw.com), we’ve guided families through guardianship cases across Texas. Each situation is unique, but the goal is always the same: making sure your loved one is safe, supported, and legally protected.
What Guardianship Means in Texas
Guardianship is a court-supervised arrangement where someone is appointed to make decisions for another person who cannot make them independently. There are two main types:
- Guardian of the person – makes decisions about healthcare, living arrangements, and daily needs.
- Guardian of the estate – manages money, property, and financial decisions.
Sometimes one person serves in both roles, but in other cases, responsibilities are divided. The court’s role is to ensure that guardianship is truly necessary and that the guardian acts in the best interest of the person under care.
When Guardianship Becomes Necessary
Families usually turn to guardianship when less formal options no longer work. For example, parents of an 18-year-old with significant disabilities often need guardianship so they can continue making medical and financial decisions once their child is legally an adult.
With elderly relatives, guardianship might be needed when dementia or other conditions make it unsafe for them to live independently or handle finances. In both situations, the goal isn’t to take away independence unnecessarily, but to provide protection where it’s truly needed.
How to Establish Guardianship in Texas
The process begins by filing a petition in court. Medical evidence is usually required to show why guardianship is necessary. The court then appoints an attorney ad litem—someone who represents the proposed ward’s interests and ensures their rights are respected.
From there, a judge decides whether guardianship is the least restrictive option. Texas law favors alternatives if possible, such as powers of attorney or supported decision-making agreements. But when guardianship is the right choice, the court will issue an order outlining the guardian’s responsibilities.
This process can feel overwhelming, especially when emotions are already high. Having a guardianship attorney helps families prepare the paperwork, meet deadlines, and present their case clearly in court.
Why Local Legal Guidance Matters
Every county in Texas may handle guardianship cases a little differently. Local courts often have specific requirements, and judges may look closely at whether the proposed guardian is truly prepared for the responsibility. A local attorney familiar with your court’s expectations can smooth out the process and help avoid unnecessary delays.
A Real-Life Example
I once worked with a family whose adult son had a developmental disability. They had always handled his medical and financial matters informally, but once he turned 18, doctors and banks could no longer legally share information with them. They were anxious and worried about losing the ability to help him. By establishing guardianship, they were able to continue supporting him without running into constant roadblocks.
On the other side, I’ve seen guardianship petitions denied when families didn’t fully understand the process. Missing medical documentation or overlooking alternatives can make judges hesitant. That’s another reason why professional guidance is so important.
Taking Care of the Ones Who Matter Most
Guardianship isn’t about control—it’s about protection. Families in Texas who take on this responsibility want the best for their loved ones, and the legal process is there to make sure that protection is provided fairly and responsibly.
At the Law Offices of Keith Wier, PLLC, we help families navigate guardianship with clarity and compassion. If you’re considering guardianship for a loved one, you can learn more or reach out through www.keithwierlaw.com.
Every family’s story is different, but with the right guidance, guardianship can provide peace of mind and stability when it matters most.