Alternatives to Guardianship in Texas

 Posted on June 17, 2025 in Guardianship

When a family member begins struggling with cognitive decline, disability, or other challenges that affect their decision-making abilities, many people immediately think of guardianship as the solution. However, guardianship has its downsides. It removes fundamental rights from an individual, including the right to make decisions about their own life, finances, and healthcare. The court process can also be lengthy, expensive, and emotionally difficult for families. If an older relative is incapable of making decisions, there are less restrictive alternatives out there that can be used alone or in tandem to provide necessary protection while preserving as much independence and dignity as possible. An experienced San Antonio, TX guardianship attorney can advise you on alternatives to guardianship for your loved ones.

How Does Guardianship Work in Texas?

Guardianship is a legal arrangement whereby the court appoints someone (the guardian) to make decisions for another person (the ward) who cannot legally make those decisions for themselves due to incapacity, disability, or other impairments. The court appoints an individual to represent the ward's interests. If guardianship is granted, the guardian must post bond, file annual reports, and seek court approval for major decisions.

What Are Common Alternatives to Guardianship?

Power of Attorney (POA)

The most common alternative is the establishment of the power of attorney while the person still has capacity. Depending on the type of POA chosen, this can allow a trusted individual to handle banking, bill paying, and other financial matters or to make healthcare decisions when the person cannot communicate their wishes.

Representative Payee 

For people receiving government benefits (like Social Security or Medicaid), a representative payee or authorized representative can be appointed to manage those benefits without needing a court-ordered guardianship.

Supported Decision-Making Agreements (SDMA)

Texas is one of the very few states that recognizes Supported Decision-Making Agreements as a formal alternative. These arrangements allow a person with disabilities to choose supporters who help them understand, consider, and communicate decisions, while the individual retains their legal rights. This option works particularly well for people with intellectual disabilities or those in the early stages of cognitive decline.

Trust Arrangements

Creating a special needs trust or other trust structures can protect assets and ensure proper management without requiring guardianship. A trustee manages the funds according to the trust's terms for the beneficiary, which in this case would be the person who is unable to make decisions on their own.

Joint Bank Accounts and Automatic Bill Pay

Simple solutions like adding a trusted family member to bank accounts or setting up automatic payments for recurring bills can address many daily financial management needs without legal proceedings.

Call an Experienced San Antonio, TX Guardianship Attorney

If your family member is experiencing cognitive decline and you are concerned they may need guardianship but wish to honor their independence, there are alternatives. An experienced San Antonio, TX guardianship attorney can advise you on the options and help protect your loved one’s rights. Call The Law Office of Ryan C. Moe, PLLC at 210-861-6000 for a consultation.