When a loved one cannot make decisions for themselves—whether due to age, illness, or incapacity—guardianship provides the legal framework to protect their welfare and manage their affairs. Smith & Bledsoe Family Law helps Austin families through the guardianship process with compassion. Our attorneys understand the emotional weight of these decisions and guide you through each step with clarity and care.
Why Choose Smith & Bledsoe Family Law for Your Guardianship Needs
Protecting a vulnerable family member requires legal knowledge, compassion, and familiarity with local courts. Smith & Bledsoe brings these qualities to every guardianship case we handle.
Managing Partner Christian Smith has been recognized as a Texas Super Lawyers Rising Star for 2023 and 2024. Our firm maintains a 5.0 Avvo rating based on 197 client reviews. With eight attorneys on staff and over 15 years of combined experience in guardianship matters, we handle contested disputes and are familiar with the judges in Travis County. We prepare to litigate when a loved one’s interests are at stake.
What Is Guardianship?
Guardianship is a legal relationship established by a court in which one person (the guardian) receives authority to make decisions for another person (the ward) who cannot make those decisions independently. The ward may be a minor child or an adult who has become incapacitated due to illness, injury, or cognitive decline.
Unlike a power of attorney, which a person creates while they still have capacity, guardianship requires court involvement and judicial oversight. The court appoints a guardian only after determining that the person needs this protection. This distinction is critical for Austin families planning for incapacity.
Types of Guardianship in Texas
Texas law provides several guardianship options depending on what decisions the ward needs help making.
Guardianship of the Person: A guardian of the person makes decisions about the ward’s personal care, medical treatment, living arrangements, and daily life. This role is similar to parental responsibilities in child custody matters.
Guardianship of the Estate: A guardian of the estate manages the ward’s financial affairs and property. They handle bank accounts, investments, real estate, and other assets. Many guardianships involve both roles, though one person can serve in both. This financial management responsibility parallels trust administration in estate planning.
Who Can Become a Guardian?
Texas law allows family members, friends, or professional guardians to serve as guardians. To become a guardian, a person must be at least 18 years old, a Texas resident, and of sound mind. The court evaluates whether the proposed guardian can act in the ward’s best interest.
Guardians have significant responsibilities: they must act in the ward’s best interest, manage finances honestly, file annual reports with the court, and make decisions that protect the ward’s welfare. These duties are similar to those of a durable power of attorney, though guardianship involves court oversight. Understanding power of attorney alternatives can help families choose the right legal tool.
The Guardianship Process in Austin
Establishing guardianship in Travis County involves several steps. First, you file a guardianship petition with the Travis County Probate Court, providing information about the proposed ward and explaining why guardianship is necessary. The petition must include medical evidence of incapacity if the ward is an adult.
Next, the court requires notice to interested parties—typically the proposed ward, their spouse, adult children, and parents. These individuals have the right to object to the guardianship. This process is similar to parental rights determinations, where family members may contest the outcome. Contested guardianship proceedings require experienced legal representation.
For adult guardianships, the court may order a medical evaluation to assess the person’s capacity. An attorney ad litem may be appointed to represent the ward’s interests. The court then holds a hearing where evidence is presented about whether guardianship is necessary. If the court finds that guardianship is appropriate, it appoints the guardian and issues letters of guardianship.
The timeline varies. Uncontested guardianships often take a few months. Contested cases can take six months to a year or longer. Smith & Bledsoe Family Law helps you understand what to expect in your specific situation.
Contested vs. Uncontested Guardianship
In an uncontested guardianship, all interested parties agree that guardianship is necessary and support the proposed guardian. These cases move more quickly through the court system.
Contested guardianships arise when family members disagree about whether guardianship is necessary, who should serve as guardian, or whether the proposed guardian is appropriate. The ward may also object to the guardianship. Smith & Bledsoe Family Law has experience handling contested guardianship disputes. We present evidence, cross-examine witnesses, and advocate for our clients’ positions. Our approach mirrors our success in child custody disputes, where we navigate complex family dynamics and high-conflict custody matters.
Frequently Asked Questions
How much does guardianship cost in Texas?
Guardianship costs vary depending on whether the case is contested. Uncontested guardianships typically cost less because they require fewer court appearances and less attorney time. Court filing fees are modest, but attorney fees represent the largest expense. Smith & Bledsoe Family Law discusses fees during your initial consultation.
How long does the guardianship process take?
Uncontested guardianships usually take two to four months from filing to appointment. Contested cases take longer—often six months to a year—depending on how the case is disputed. Our Austin guardianship attorneys can provide a timeline based on your specific circumstances.
Can a guardianship be terminated or modified?
Yes. A guardianship can be terminated if the ward regains capacity or if the guardianship is no longer necessary. A guardianship can be modified if circumstances change. The court must approve any termination or modification. This is similar to modification of custody orders, which also require court approval.
What are the ongoing responsibilities of a guardian?
Guardians must act in the ward’s best interest at all times. They file annual accountings with the court showing how they’ve managed the ward’s finances, make decisions about medical care, living arrangements, and personal matters. They cannot use the ward’s money for their own benefit. These responsibilities parallel those outlined in advance directives, which allow individuals to plan for future incapacity.
Do I need an attorney to establish guardianship?
While Texas law does not require an attorney, having one can improve your chances of a smoother process. An attorney helps prepare your petition, represents you at hearings, and addresses any objections. Smith & Bledsoe Family Law discusses costs upfront and works efficiently to protect your loved one’s interests.
Guardianship and Family Planning
Guardianship often intersects with broader estate planning strategies. Families with minor children or adult dependents should consider guardianship designations as part of their comprehensive estate plan. Additionally, grandparents seeking custody rights may pursue guardianship when parents are unable to care for children. Adoption may also be an alternative for families seeking permanent legal relationships.
Let Smith & Bledsoe Family Law Guide You Through Guardianship
Establishing guardianship helps protect your loved one when they need support. Smith & Bledsoe Family Law provides legal guidance throughout the process. Call (512) 277-3166 to schedule a consultation with one of our guardianship attorneys. We listen to your situation, explain your options, and develop a strategy tailored to your family’s needs.
Whether your case is straightforward or involves disputes, we bring compassion and dedication to protecting your loved one’s welfare. Visit our success stories to see how we’ve helped Austin families navigate guardianship matters.