Bryan Fagan Law Office

Houston Guardianship Attorney

Guardianship in Houston, Texas


Guardianship is a crucial legal arrangement designed to protect individuals who are unable to make decisions for themselves due to various circumstances, such as incapacity, disability, or being a minor. In Houston, Texas, the guardianship process follows specific procedures outlined by state law to ensure the best interests of the ward are upheld.


Initiating the Guardianship Process

The process of establishing guardianship in Houston typically begins with the filing of a petition in the probate court in the county where the individual in need of guardianship resides. This petition can be filed by a family member, friend, or another interested party who believes that the individual requires a guardian to make decisions on their behalf.

Court Evaluation and Determination

After the petition is filed, the court appoints an attorney ad litem and a guardian ad litem to represent the interests of the individual in need of guardianship. These attorneys play a crucial role in ensuring that the individual’s rights are protected throughout the legal proceedings.


The court also orders a comprehensive medical and psychological evaluation to assess the individual’s capacity to make decisions. This evaluation helps the court determine whether guardianship is necessary and who would be the most suitable guardian for the individual.


Types of Guardianship

In Houston, guardianship can be of two main types:


  1. Guardianship of the Person: This type of guardianship grants the appointed guardian the authority to make decisions related to the personal care, living arrangements, and medical treatment of the individual.
  2. Guardianship of the Estate: Guardianship of the estate involves managing the financial affairs of the individual, including handling assets, paying bills, and making financial decisions on their behalf.


Best Interests and Ongoing Oversight

Throughout the guardianship process, the court prioritizes the best interests of the individual under guardianship. If the court determines that guardianship is necessary, a guardianship plan is established, outlining the specific powers and duties of the guardian.


Guardians in Houston are subject to ongoing court oversight to ensure that they fulfill their duties responsibly and in accordance with the law. They are required to submit annual reports detailing the individual’s condition, care provided, and financial transactions, promoting transparency and accountability.


Limited Guardianship

Houston also allows for limited guardianships, where the guardian’s authority is restricted to specific areas of the individual’s life. This approach aims to preserve the individual’s autonomy to the greatest extent possible while providing necessary support in specific areas.


Family law matters can be very personal. Put your trust in the Law Office of Bryan Fagan. Call us at (281) 810-9760  or fill out the form below to learn more about your case.

Guardianship Roadmap

Caregiver Toolkit

Guardianship Handbook