Guardianship & Alternatives to Guardianship

Sometimes, due to the effects of aging, disease or injury, people need help managing some or all of their daily affairs. One way of doing this is the establishment of a guardianship. A guardianship is a relationship established by a court of law between the person who needs help (called a ward) and the person or entity (called a guardian) named by the court to help the ward.

This guide examines the responsibilities, tasks and limits of a guardian and suggests alternatives to guardianship. It covers general aspects of guardianship and provides information specific to Texas. The guide addresses only adult guardianship and does not cover guardianship of minors.

Since guardianship affects a person’s rights, it is important to know the implications of guardianship and explore other alternatives and choices before taking steps to have one established. The information in this guide is provided to help you decide which answer — guardianship or another option — is the best.

Some people need a guardian for their entire adult life because of long-term disabilities, while others may need a guardian as a result of a brain injury or other traumatic event. Still others may need a guardian as age and health problems affect their ability to provide for themselves. In many cases, once a guardian is appointed, the guardianship becomes permanent. There are some exceptions, particularly when circumstances change and a guardianship is no longer needed.