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The appropriateness of guardianships under Texas family law

On Behalf of | Mar 23, 2015 | Family Law

There is an old adage which maintains that every problem begins to look like a nail to a person who has only a hammer as an available tool. That phrase can have enhanced meaning for you if you are currently considering seeking guardianship of another person. It’s important for you to remember that a guardianship is a powerful tool to deal with the problems your loved one may be facing. However, it is equally important to know that a guardianship is the most restrictive type of supervision a court can order. Guardianships, therefore, may not necessarily be appropriate in every case.

Frequent readers of our website may remember a recent article where we discussed obtaining guardianship of elderly parents. What many people may not know is that Texas laws also allow guardianships in just about any situation where an individual is no longer able to make decisions for themselves or provide for their most basic needs. Although many disabled elderly people need guardians, there are also many victims of disabling accidents or chronic diseases which may also require some form of supervision.

In Texas, a court will typically assign an individual guardianship over another person who is then considered a ward of the state. This is important to know because the court will always remain “in the loop” regardless of what factors have influenced you to seek guardianship. For example, guardianship will not prevent a ward from making illegal or otherwise poor decisions. Additionally, a guardian cannot have one’s ward admitted to a mental hospital, nor can he or she force a ward to take prescribed medications.

Your decision to seek guardianship of a loved one is an important step in ensuring that he or she receives the care and attention they require. However, it’s also important to make sure that a guardianship is appropriate in your particular situation. Based in Houston, our law firm has over 20 years of experience representing family law clients throughout East Texas. Prospective clients should know that we offer free initial consultations regarding guardianships and the legal process of seeking guardianships through the courts. Clients can also schedule appointments to visit with an attorney via phone or through our website.


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