Guardianship is a legal arrangement where a court appoints an individual (the guardian) to make decisions on behalf of another person (the ward) who is unable to do so due to incapacity. In Travis County, the Probate Courts oversee guardianship matters, ensuring the protection and well-being of incapacitated individuals.
Types of Guardianship
In Texas, there are primarily two types of guardianship:
- Guardian of the Person: Responsible for the ward’s personal needs, including housing, medical care, and daily activities. ([PDF] Texas Guide to Adult Guardianship)
- Guardian of the Estate: Manages the ward’s financial affairs, such as property, income, and expenses. (Guardianship – Travis County)
In some cases, a single individual may serve as both guardian of the person and the estate. (Rights & Responsibilities – Guardianship – Texas State Law Library)
Initiating the Guardianship Process
To establish a guardianship in Travis County, the following steps are typically involved:
- Filing an Application: Submit a formal application for guardianship to the Travis County Probate Court.
- Medical Evaluation: Obtain a Certificate of Medical Examination (CME) from a licensed physician to confirm the proposed ward’s incapacity. ([PDF] Texas Guide to Adult Guardianship)
- Court Investigation: The court may appoint an attorney ad litem to represent the proposed ward’s interests and investigate the necessity of guardianship.
- Court Hearing: A judge will review the evidence and determine whether guardianship is appropriate.
- Oath and Bond: If appointed, the guardian must take an oath and may be required to post a bond to ensure faithful performance of duties.
Detailed instructions and necessary forms can be found on the Travis County Probate Court’s Guardianship page.
Responsibilities of a Guardian
Once appointed, guardians have ongoing responsibilities, including: (Rights & Responsibilities – Guardianship – Texas State Law Library)
- Annual Reporting: Guardians must submit annual reports detailing the ward’s condition and, if applicable, financial accountings. (Rights & Responsibilities – Guardianship – Texas State Law Library)
- Court Approval: Significant decisions, such as selling property or relocating the ward, often require prior court approval.
- Fiduciary Duty: Guardians are legally obligated to act in the best interests of the ward, avoiding conflicts of interest and managing affairs prudently. (Rights & Responsibilities – Guardianship – Texas State Law Library)
The Texas Guide to Adult Guardianship provides comprehensive information on guardian duties and expectations. ([PDF] Texas Guide to Adult Guardianship)
Resources and Support
Travis County offers various resources to assist current and prospective guardians:
- Court Instructions: Guidelines for guardians of the person, estate, or both are available on the Probate Court’s website. (Guardianship – Travis County)
- Forms and Documents: Essential forms, including annual report templates and accounting worksheets, can be accessed through the Probate Forms page. (Probate Forms – Travis County)
- Court Contact Information: For specific inquiries, contact Probate Court No. 1 at (512) 854-9258 or Probate Court No. 2 at (512) 854-5512. (Probate Forms – Travis County)
