Guardianship is the Legal Process of one person taking over the rights and responsibilities for an incapacitated person.  The incapacitated person’s ability to care for themselves is brought to the attention of the court and another person is appointed to step in and care for them. There are two types of guardians in the state of Texas — a guardian of the person and a guardian of the estate.

Guardianship of the Person pertains to a person’s ability to care for their self on a daily basis and determine where they may live and travel.  The Guardian of the Person is responsible for ensuring that the “ward” has access to medical care and a safe place to reside.  The Guardian will also be responsible to file an Annual Report on the Well Being of the “ward” with the Probate court. Responsibilities include:

Providing for the care, supervision and protection of the ward

Arranging medical care for the ward

Arranging for the placement of the ward in long-term facilities or

Making medical decisions

Guardians of the estate are appointed to make decisions related to the ward's finances. The court will approve an amount of money that can be expended on the ward each month. Any additional spending must be approved by the court. This guardian's responsibilities are:

Taking possession of the ward's assets

Making decisions related to the management and investment of assets

Collecting rents, claims and debts owed to the ward

Enforcing legal obligations owed to the ward

Defending the ward in any legal actions pending against him or her