What Are the Different Types of Guardianships in Texas?

 Posted on October 23, 2025 in Guardianship

When an aging parent or loved one can no longer safely manage their health, finances, or daily care, families face difficult choices. In Texas, one of the most effective ways to protect a vulnerable adult is through a legal guardianship. This is a court-supervised relationship where a guardian is appointed to make decisions for another person, known as the ward.

Understanding the different types of guardianships can help families choose the right level of protection without taking away more independence than is necessary. With over 20 years of experience focused on guardianship and elder law, our San Antonio guardianship lawyer guides families through these complex and emotional situations.

What Is Guardianship?

In Texas, a guardianship is a legal arrangement made by a court under the Texas Estates Code, allowing one person (the guardian) to make certain decisions for another person (the ward). This process is used when an adult becomes incapacitated due to dementia, a disability, or another condition.

Before a guardian is appointed, the court must determine that less restrictive alternatives, such as powers of attorney or representative payeeships, are not enough to protect the ward. Once guardianship is established, the guardian must report regularly to the court and act in the ward’s best interest at all times.

What Are the Main Types of Guardianship in Texas?

Texas law recognizes several types of guardianships, each tailored to meet different needs and levels of incapacity.

Guardian of the Person

This type of guardian makes decisions about the ward’s daily life, such as housing, medical care, and personal safety. The guardian ensures that the ward’s living conditions, healthcare, and emotional needs are met.

Guardian of the Estate

This guardian manages the ward’s financial matters, like paying bills, collecting income, handling property, and managing investments. The guardian must keep detailed records and get court approval for major financial transactions.

Full Guardianship

In cases where a person cannot make any significant decisions for themselves, the court may grant a full guardianship. The guardian of the person and estate (sometimes the same individual) assumes broad authority, with ongoing court oversight.

Limited Guardianship

When the ward can still handle some aspects of life but needs help with others, the court can grant a limited guardianship. This allows the guardian to manage specific responsibilities while leaving other rights intact.

Temporary Guardianship

If immediate action is needed to protect someone from harm or financial loss, a temporary guardian may be appointed. This guardianship usually lasts up to 60 days and ends once a permanent arrangement is decided.

These distinctions matter because Texas law prioritizes preserving as much of the ward’s independence as possible. The court will always choose the least restrictive option that still ensures the person’s safety and welfare.

How Does the Court Decide What Type of Guardianship to Grant?

The guardianship process begins when someone files an application in the county probate court. The court then orders a capacity evaluation, usually performed by a doctor or psychologist, to determine the extent of the person’s incapacity.

The judge looks at the evidence and decides what type of guardianship, if any, is appropriate. In some cases, the court appoints an attorney to represent the ward’s wishes and rights.

Contact a San Antonio, TX Guardianship Lawyer

If you are considering guardianship for a loved one or you need guidance in managing an existing guardianship, contact a San Antonio guardianship attorney at The Law Office of Ryan C. Moe, PLLC. With over 20 years of focused experience in guardianship and elder law, we help families navigate complex court procedures with compassion and clarity. Call 210-861-6000 to schedule a consultation and learn which type of guardianship best suits your family’s needs.