When Someone You Love Can't Care for Themselves
Guardianship is one of the hardest decisions a family makes. It means going to court and asking a judge to take away someone's legal rights because they can't take care of themselves anymore. It's emotionally exhausting, legally complex, and often comes at a time when families are already under enormous stress.
We help El Paso families navigate guardianship proceedings with compassion and practical legal guidance.
What Guardianship Actually Is
Guardianship is a legal relationship where the court appoints someone to make decisions for a person who can't make those decisions themselves. In Texas, guardianship takes away a person's rights. Once someone is declared a ward, they lose the legal ability to make their own choices about where they live, what medical treatment they receive, how their money gets spent, and more.
Because guardianship is so restrictive, Texas courts require strict procedures to protect the rights of the proposed ward.
Who Needs a Guardian
Guardianship may be necessary when a minor or an incapacitated adult requires help with personal care, financial management, or both.
For adults, legal incapacity means the person, because of a physical or mental condition, is substantially unable to provide for their own food, clothing, or shelter, care for their own physical health, or manage their personal financial affairs.
In El Paso, common situations include aging parents with dementia, adult children with severe developmental disabilities reaching age 18, adults who suffered traumatic brain injuries, and individuals with progressive conditions like Alzheimer's or Parkinson's.
The Two Types
A guardian of the person has control over the ward's personal matters, such as housing, medical care, and educational decisions. A guardian of the estate has control over the ward's property and finances. One person can serve as both, or the court can appoint different guardians for each role.
Courts often assign guardians over certain areas of a ward's life and not others, trying to keep the incapacitated person as independent as possible. This is called a limited guardianship.
Alternatives You Should Try First
Before pursuing guardianship, Texas law requires you to consider less restrictive alternatives. These include power of attorney, representative payee for Social Security benefits, authorized representative for public benefits like Medicaid, supported decision making agreements where the person retains decision making authority but gets help from supporters, and money management services.
Guardianship should be the last resort, not the first option.
After Appointment
Once you're appointed guardian, the responsibilities are significant. You must take an oath, post a bond, and file annual reports with the court detailing the ward's condition, living situation, medical care, and financial status.
Guardians must comply with the Texas Estates Code and court oversight. The court can remove you as guardian if you violate your duties, for example by using the ward's funds for your personal benefit.
How We Help El Paso Families
We understand the sensitive nature of guardianship matters. These cases involve difficult family dynamics, emotional decisions, and real concern for a loved one's wellbeing.
We prepare and file court documents, coordinate required medical evaluations, represent clients at hearings, and advise guardians on their ongoing duties. We work to ensure guardianship arrangements are structured in the best interests of the person who needs protection while preserving as much independence as possible.
Guardianship issues often intersect with estate planning, probate, and family law considerations. We take a holistic approach, making sure guardianship arrangements align with broader legal and financial planning goals.
Let's Talk
If you're considering guardianship for a loved one in El Paso or the surrounding area, or if you're dealing with an existing guardianship that needs modification or review, contact us or schedule a consultation online.
We'll explain your options, walk you through the process, and help you protect the person you care about.