What is a guardianship?

A guardianship is a relationship created and monitored by a court that takes away legal rights from a person (called the ward) and gives those rights to another person (the guardian). In Texas, a guardianship is almost always sought for incapacitated adults. Legal incapacity means that a person who, because of a physical or mental condition, issubstantially unable:

to provide for his or her own food, clothing, or shelter, or

to care for his or her own physical health or to manage personal financial affairs.

There are two kinds of guardianship – guardian of the person and guardian of the estate:

A guardian of the person has control over the ward’s personal matters, such as housing, medical, and educational decisions.

A guardian of the estate has control over the ward’s property and finances.

One person can serve as both a guardian of the person and of the estate.