When a loved one cannot make decisions for themselves, a guardianship may help protect their well-being. Hinojosa Law Office, P.C., led by attorney Monica A. Hinojosa, guides families in East Houston and across the greater Houston area through the Texas guardianship process with care and clarity. Se habla español.

What Is Guardianship in Texas?

A guardianship is a legal relationship in which a court appoints a person (the guardian) to make certain decisions for someone who cannot make those decisions on their own (the ward). Texas courts take guardianship seriously and consider whether less-restrictive options could meet the person’s needs before appointing a guardian.

Guardianship of the Person vs. the Estate

Texas recognizes two main types of guardianship, and a court may order one or both:

  • Guardian of the person — responsible for decisions about the ward’s care, such as living arrangements, medical treatment, and daily well-being.
  • Guardian of the estate — responsible for managing the ward’s finances and property, with oversight from the court.

Guardianship of a Minor vs. an Incapacitated Adult

A guardianship of a minor may be needed when a child’s parents are unable to care for them. A guardianship of an incapacitated adult may be appropriate when an adult cannot care for themselves or manage their affairs because of a condition such as a serious illness, injury, or disability. The court looks closely at the person’s actual abilities and needs.

The Court Process

Establishing a guardianship generally involves filing an application, providing information (which often includes a physician’s certificate for an adult), notifying interested parties, and attending a court hearing. The proposed ward has important rights throughout the process, and the court’s focus is on protecting them.

A Guardian’s Duties

A guardian owes duties to the ward and to the court. Depending on the type of guardianship, these can include making appropriate care decisions, managing property prudently, keeping records, and filing regular reports or accountings with the court. We help guardians understand and meet these responsibilities.

Less-Restrictive Alternatives

Because guardianship removes certain rights from the ward, Texas law encourages families to consider less-restrictive alternatives when they can meet the person’s needs, such as powers of attorney, medical directives, or a supported decision-making agreement. We can help you evaluate whether one of these options may be appropriate.

Related Family-Law Matters

Guardianship sometimes overlaps with other family matters. See our child custody, divorce, and modifications pages, our protective orders page, or our family-law services overview.

How Hinojosa Law Office, P.C. Helps

Attorney Monica A. Hinojosa provides compassionate, practical guidance through guardianship matters, helping families protect the people they love. We serve families throughout Houston, including the East Houston, Northshore, and Uvalde Road communities, in English and Spanish.

Meet attorney Monica A. Hinojosa, the Houston family-law attorney at Hinojosa Law Office, P.C.

Schedule a Consultation

To discuss a guardianship matter with a Houston family-law attorney, contact Hinojosa Law Office, P.C. today.

Hinojosa Law Office, P.C.
540 Uvalde Rd, Suite D, Houston, TX 77015
Phone: 713-455-3575
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This page provides general information about Texas guardianship law and is not legal advice. Every situation is unique; please consult an attorney about your specific circumstances.