Guardianship Lawyers in Waco

What are the two kinds of guardianship in Texas?

Texas law divides guardianship into two categories, each with its own fiduciary duties. A guardian of the person is responsible for the ward themselves: where they live, the medical care they receive, and their day-to-day welfare. A guardian of the estate is responsible for the ward's money and property — collecting income, paying bills, keeping the assets safe and accounting for every dollar to the court.

One person can hold both roles, or the court can split them between two people, which sometimes keeps peace in a family where one sibling is close by and another handles the finances. The court can also limit a guardianship so the ward keeps the rights they can still exercise safely. Which structure to ask for is one of the first decisions we make with you, because it shapes the entire application.

What does the process look like in McLennan County?

An application is filed in the probate court with a physician's certificate describing the proposed ward's condition. The court appoints an attorney to represent the proposed ward — that appointment is required, and it is why every attorney at this firm is certified by the State Bar of Texas to handle these cases. The proposed ward and close family are given notice, an investigation follows, and the court holds a hearing.

If the court grants the guardianship, the guardian qualifies by taking an oath and, where an estate is involved, posting a bond. From then on the guardianship is supervised: annual reports on the ward's condition, annual accountings for the estate, and court permission for larger decisions. Deadlines here are strict and enforced by the court, so call before one runs.

Can guardianship be avoided?

Often, yes — and that is the better outcome. A signed durable power of attorney and medical power of attorney let the person you chose act for you without a courtroom, a bond or an annual accounting. Guardianship exists for the cases where those documents were never signed, or where the person holding them is the problem.

We handle both sides of that line. If your family still has time, we would rather build a plan than file an application. If capacity is already gone, or if an agent is abusing the authority they were given, then court is the protection available and we will file. Families frequently arrive here alongside a Medicaid or long-term care question, and the two are handled together.