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 Legal Research Guides > Guardianship (last updated: 03/13/2024)

Guardianship

General Information

Blog posts from Ex Libris Juris

Additional Resources


Texas Laws

Texas Estates Code


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.



Print Resources

  • 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.)

  • 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).

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