Guardianship Attorney in Brown County

Over 40 Years of Service to Brown County Families

Families may consider guardianship when a minor or an adult with a physical or mental condition can’t manage personal needs, health decisions, living arrangements, or financial affairs. At Woodley Law, we provide guardianship representation to families across Brown County and surrounding Texas counties.

Our goal is to help you understand the family law process, clarify your options, and determine whether guardianship or a less restrictive arrangement fits your loved one’s circumstances. Because guardianship can affect a proposed ward’s legal rights, we approach each matter with attention to both necessary protection and retained independence.

Our guardianship lawyer serving Brown County can explain the available options, the evidence the court may require, and the responsibilities that can follow an appointment.

Protect the rights and well-being of your loved one. Call our guardianship attorneys serving Brown County at (325) 246-3250 or reach out online now for a free consultation and to discuss our available payment plans.

Understanding Guardianship Laws in Texas

Guardianship is governed by Title 3 of the Texas Estates Code. A guardianship is established only when the court makes the required findings concerning incapacity, the proposed ward’s best interests, and the need to protect the person or property. Texas law also requires consideration of supports, services, and less restrictive alternatives before a guardianship is established.

The law identifies several circumstances in which a person may be considered incapacitated:

• A minor who is younger than 18 years old.
• An adult who, because of a physical or mental condition, is substantially unable to provide food, clothing, or shelter, care for their physical health, or manage their financial affairs.
• A person who must have a guardian appointed to receive funds due from a governmental source.

For adults, the finding of incapacity generally must be evidenced by recurring acts or occurrences in the preceding six months and can’t be based only on isolated instances of negligence or poor judgment. Believing that a loved one needs help isn’t enough by itself. The application must be supported by evidence that addresses the statutory requirements.

Types of Guardianship

The court may appoint one person for both personal and financial responsibilities or appoint different guardians for each role:

• Guardian of the Person: This guardian may be granted authority over personal matters identified in the court’s order, which can include medical care, residence, education, and daily support.
• Guardian of the Estate: This guardian manages property and financial affairs within the authority granted by the court and serves as a fiduciary, meaning someone legally required to act in another person’s interests.
• Guardian of the Person and Estate: One qualified individual or entity may be appointed to perform both roles when the court determines that arrangement is appropriate.

A guardianship may be full or limited. Texas law generally favors limiting a guardian’s authority to the rights and duties the court determines are necessary, rather than treating every proposed ward’s circumstances the same.

Evidence Required for a Texas Guardianship

Before appointing a guardian, the court must make several specific findings. The principal statutory findings for an initial guardianship must be established by clear and convincing evidence, a higher burden of proof than the preponderance standard commonly used in civil matters.

The required findings generally address:

• Incapacity: Whether the proposed ward meets the Texas Estates Code definition of an incapacitated person.
• Best Interests: Whether appointing a guardian is in the proposed ward’s best interests.
• Protection of Rights or Property: Whether the appointment is necessary to protect the proposed ward’s rights or property.
• Alternatives and Supports: Whether feasible alternatives, supports, and services could address the person’s needs without guardianship.

The court must also determine that the proposed guardian satisfies the applicable eligibility and suitability requirements. We help families organize evidence and required medical documentation, including a physician’s certificate when applicable, so the filing addresses the person’s functional abilities, needs, and potential supports.

The Guardianship Process & Proposed Ward’s Rights

The Texas guardianship process includes safeguards intended to protect the proposed ward’s legal rights. The proceeding begins with a sworn application in the court with proper jurisdiction, followed by legally required notice, review of supporting records, court-appointed representation, and a hearing.

• Attorney Ad Litem: The court appoints an attorney ad litem to represent the proposed ward’s interests and expressed wishes. This attorney reviews the application, examination certificates, and relevant medical, psychological, or intellectual records and discusses possible alternatives with the proposed ward.
• Guardian Ad Litem: The court may appoint a guardian ad litem to investigate whether guardianship is necessary and evaluate available alternatives, supports, and services.
• Notice: The proposed ward and other people entitled to notice must receive the citation or other notice required by Texas law.
• Hearing Participation: The proposed ward’s attendance and participation are governed by the Texas Estates Code and the court’s orders. The court considers the evidence before deciding whether guardianship is necessary and what authority should be granted.

We provide guidance on the application, supporting documents, notice requirements, and court appearances. Brown County civil and probate matters are subject to applicable filing requirements, including mandatory electronic filing where required.

Limited Guardianship, Alternatives & Restoration of Rights

A limited guardianship gives a guardian only the powers and duties identified in the court’s order. The order should specify which rights are retained and which authority is granted, so the scope depends on the evidence, statutory requirements, and the court’s findings. We advocate for authority tailored to the proposed ward’s demonstrated needs, but the court determines the scope of any guardianship.

Depending on the person’s circumstances, less restrictive options may include:

• Power of Attorney: A valid authorization allowing another person to handle designated financial or health-related decisions.
• Supported Decision-Making Agreement: An arrangement through which an adult receives help understanding options and communicating decisions without transferring decision-making authority.
• Trust or Representative Payee: A structure that may address certain property, benefit, or financial-management needs without a full guardianship.
• Targeted Services and Supports: Assistance with health care, transportation, residence, or daily activities when those resources can adequately address the person’s needs.

Alternatives aren’t interchangeable, and their suitability depends on the person’s capacity, existing documents, assets, and practical support network. If capacity or circumstances later change, a court may modify, limit, or end a guardianship when the statutory requirements are met. Restoration of capacity refers to a court process for returning rights previously removed by a guardianship order.