Because a guardianship effectively restricts the civil rights of the ward, these legal arrangements are strictly administered by the court system.
In Texas, a guardian is someone who assumes total or partial control over someone else’s person or estate. The subject of the guardianship is called a ward. A ward may be either a minor under the age of 18 or a person who is in some way mentally or physically incapacitated. Essentially, anyone whom the court deems unable to adequately provide food, shelter and clothing for themselves may become a ward.
Typically, a person who wishes to become a guardian files an application with the court to be appointed guardian. The application is nearly always filed in the county in which the prospective ward currently resides. After a process that may involve medical or psychological evaluations of the proposed ward, interviews with all interested parties and numerous court hearings, the guardianship will either be approved or denied. If it is denied, then the ward is free to continue to make their own decisions regarding their personal and financial matters.
When guardianship in Texas is approved, then the guardian is legally obligated to begin providing care for the ward. Two different kinds of guardianship are possible in Texas. One is guardianship of the person; the other is guardianship of the estate. Occasionally, a single person will be the guardian of the person and the estate simultaneously.
