Legal Research Guides > Guardianship (last updated: 03/13/2024)
General Information
Blog posts from Ex Libris Juris
Additional Resources
Guardianship – Office of the Texas Governor
Guardianship – Texas Health and Human Services
Guardianship of the Person and Estate Handbook: Protecting and Preserving what we Cherish – Harris County Probate Courts
Texas Laws
Texas Estates Code
Alternatives to Guardianship – Texas Estates Code § 1002.0015
Annual Account and Other Exhibits and Reports – Texas Estates Code, Chapter 1163
Attorneys Ad Litem and Interpreters – Texas Estates Code, Chapter 1054
Appointment of Attorney Ad Litem in Proceeding for Appointment of Guardian – Texas Estates Code § 1054.001
Appointment of Guardian Ad Litem in Guardianship Proceeding – Texas Estates Code § 1054.051
Appointment of Interpreter – Texas Estates Code § 1054.005
Duties – Texas Estates Code § 1054.004
Duties [of Guardian Ad Litem] – Texas Estates Code § 1054.054
Evaluation of Ward or Proposed Ward – Texas Estates Code § 1054.103
Evaluation Report – Texas Estates Code § 1054.104
Evaluation of Guardianship – Texas Estates Code, Chapter 1201
Filing Procedures – Texas Estates Code § 1052.051
Final Settlement, Accounting, and Discharge – Texas Estates Code, Chapter 1204
Contents of Account – Texas Estates Code § 1204.102
Settlement of Guardianship – Texas Estates Code § 1204.001
General Procedure to Appoint Guardian - Texas Estates Code, Chapter 1101
Application for Appointment of Guardian; Contents – Texas Estates Code § 1101.001
Affidavit Containing Contact Information of Certain Persons – Texas Estates Code § 1101.003
Findings and Proof Required – Texas Estates Code § 1101.101
General Contents of Order Appointing Guardian – Texas Estates Code § 1101.153
Hearing – Texas Estates Code § 1101.051
Order Appointing Guardian with Full Authority – Texas Estates Code § 1101.151
Order Appointing Guardian with Limited Authority – Texas Estates Code § 1101.152
Guardianship and Related Procedures – Texas Estates Code, Title 3, Chapters 1001, et seq.
Jurisdiction – Texas Estates Code, Chapter 1022
Exclusive Jurisdiction of Guardianship Proceeding with Statutory Probate Court – Texas Estates Code § 1022.005
Original Jurisdiction for Guardianship Proceedings – Texas Estates Code § 1022.002
Letters of Guardianship – Texas Estates Code, Chapter 1106
Management and Control of Incapacitated Spouse’s Property – Texas Estates Code, Chapter 1353
Matters Related to Guardianship Proceeding – Texas Estates Code § 1021.001
Modification or Termination of Guardianship – Texas Estates Code, Chapter 1202
Procedure to Appoint Guardian for Certain Minors Requiring Guardianship as Adults – Texas Estates Code, Chapter 1103
Qualification of Guardians – Texas Estates Code, Chapter 1105
Resignation, Removal, or Death of Guardian; Appointment of Successor – Texas Estates Code, Chapter 1203
Rights, Powers, and Duties Under Guardianship – Texas Estates Code, Chapter 1151
Access and management of Ward’s Funds by Guardian of Person – Texas Estates Code § 1151.0525
Bill of Rights for Wards – Texas Estates Code § 1151.351
Duty of Care – Texas Estates Code § 1151.151
Exercise of Authority Under Court Order – Texas Estates Code § 1151.102
Exercise of Authority Without Court Order – Texas Estates Code § 1151.103
General Powers and Duties [of Guardians of the Estate] – Texas Estates Code § 1151.101
General Powers and Duties of Guardians of the Person – Texas Estates Code §1151.051
Selection and Eligibility to Serve as Guardian – Texas Estates Code, Chapter 1104
Special Types of Guardianship Generally – Texas Estates Code, Chapter 1251
Appointment of Temporary Guardian – Texas Estates Code § 1251.001
Application [for Appointment of Temporary Guardian] – Texas Estates Code § 1251.003
Authority of Temporary Guardian – Texas Estates Code § 1251.101
Order Appointing Temporary Guardian – Texas Estates Code § 1251.010
Qualification and Duration of Certain Temporary Guardianships – Texas Estates Code § 1251.052
Supported Decision-Making Agreement Act – Texas Estates Code, Chapter 1357
Trial and Hearing Matters – Texas Estates Code, Chapter 1055
Intervention by Interested Persons – Texas Estates Code § 1055.003
Mediation of Contested Guardianship Proceedings – Texas Estates Code § 1055.151
Standing to Commence or Contest Proceeding – Texas Estates Code § 1055.001
Venue for Appointment of Guardian – Texas Estates Code § 1023.001
Court Rules
*Be sure to check the website of the court to which you are assigned. Policies, procedures, and requirements may vary from court to court.
Forms
Online
Guardianship Alternatives (Only available through the public access computers at the Law Library.)
Texas Jurisprudence Pleading and Practice Forms (Also available through Westlaw at the Law Library and through Westlaw Patron Access Remote.)
Texas Legal Practice Forms (Also available through Westlaw at the Law Library and through Westlaw Patron Access Remote.)
Texas Litigation Guide (Also available online through the Law Library’s LexisNexis Digital Library.)
Texas Practice Guide. Probate (Also available through Westlaw at the Law Library and through Westlaw Patron Access Remote.)
Texas Probate, Estate and Trust Administration (Also available online through the Law Library’s LexisNexis Digital Library.)
West’s Texas Forms (Also available through Westlaw at the Law Library and through Westlaw Patron Access Remote.)
Print Resources
Don’t Let Dementia Steal Everything: Avoid Mistakes, Save Money, and Take Control, By Kerry Peck and Rick L. Law, American Bar Association. To assist with an understanding of some of the legal issues faced by those suffering from dementia, attorneys Kerry Peck and Rick L. Law have written this guide to help one understand the issues associated with the diagnosis of Alzheimer’s disease and find some answers and the right legal advice. Chapter 9 discusses guardianship and explains the difference between guardianship and Powers of Attorney. (Also available online through the Law Library’s LexisNexis Digital Library.)
Elder Law in a Nutshell, By Richard L. Kaplan, West Academic. Despite its small size, this book provides an excellent overview of the fast-growing legal specialty of elder law. Topics include health care decision-making, Medicare and Medicaid, and social security benefits. See Chapters 9 and 10 for a discussion of guardianship and some alternatives to guardianship. (Also available online through the Law Library’s LexisNexis Digital Library.)
Elder Law: Advocacy for the Aging, By Jennifer L. VanderVeen, Thomson Reuters. For those wanting to learn more about elder law and the numerous issues facing the aging, this book is a good place to start. Readers can find information about topics such as advance directives, long term care options, and Social Security. Chapter 8 discusses guardianship and conservatorship while Chapter 9 talks about special needs trusts.
The Fundamentals of Guardianship: What Every Guardian Should Know, American Bar Association. Published by the Senior Lawyers Division of the American Bar Association in conjunction with the National Guardianship Association, this book provides family, professional, and public guardians and conservators with a concise guide of the duties and responsibilities required with these positions. As the title suggests, this book provides a good overview of the guardianship process. Topics include the different types of guardianships, some less-restrictive alternatives to guardianship, the rights affected by the appointment of a guardian, and the guardian’s role and fiduciary duties, including the responsibilities and duties of those who are guardians of the estate and of those who are guardians of the person. (A more recent edition is available online through the Law Library’s LexisNexis Digital Library.)
Guardianship Alternatives, Texas Bar Books. This resource from the State Bar of Texas provides an overview of alternatives to guardianship such as Powers of Attorney, authorization agreement for nonparent relative, surrogate decision making, and special needs trusts. (Only available through the public access computers at the Law Library.)
The Law of Later-Life Healthcare and Decision Making, By Lawrence A. Frolick, American Bar Association. Divided into five chapters, this book covers paying for healthcare, long-term care housing options, paying for long-term care, the legal implications of mental incapacity, and end of life decision making. Within each chapter, you will find discussions of significant case law developments and statutory changes and explanations of important topics. See Chapter 4 for information about guardianships. (Also available online through the Law Library’s LexisNexis Digital Library.)
Texas Elder Law (Texas Practice, Vol. 51), By Molly Dear Abshire, et al., Thomson Reuters. This book addresses concerns that more commonly affect the elder members of the communities, such as elder abuse, advance directives, Social Security, and Medicare and Medicaid. Chapter 13 discusses special needs trusts. (Also available through Westlaw at the Law Library and through Westlaw Patron Access Remote).
Texas Jur III, Thomson Reuters. This legal encyclopedia summarizes several issues relating to guardianship, including general practice and procedure, appointments and qualifications of guardians, and rights, duties, and liabilities of guardians. (Also available through Westlaw at the Law Library and through Westlaw Patron Access Remote).
Texas Practice Guide: Probate, By Thomas M. Featherston, Jr., et al., Thomson Reuters. This book provides forms, practical guidance, comprehensive discussions, and strategies for handling issues that arise in probate proceedings. Chapters 17-20 focus on various aspects of guardianships, such as appointment of guardians, guardians ad litem, powers and duties of a guardian, and temporary guardianships. (Also available through Westlaw at the Law Library and through Westlaw Patron Access Remote).
Continuing Legal Education (CLE) Resources: The State Bar of Texas requires licensed attorneys to take 15 credits of CLE each year. CLE courses typically focus on a particular area of law and might include legal theory, practice tips and guidance, developments in the law, or legislative updates. CLEs are secondary resources that are especially useful in that they provide current information about legal topics and issues.
State Bar of Texas Annual Advanced Guardianship Law Course
State Bar of Texas Annual Advanced Estate Planning & Probate Course