Austin Guardianship Attorney

Former Prosecutors & Judges Handling Guardianship Matters in Travis County

Guardianship is a court-ordered legal relationship in which a judge appoints a guardian to make personal and financial decisions for someone who can’t make those decisions alone. Texas law calls that person the ward. A guardianship may be needed for a minor child whose parents can’t care for them, or for an adult family member who, because of a physical or mental condition, can no longer manage their own care or finances. The process involves Travis County’s probate courts, specific medical documentation, and legal standards that are difficult to navigate without guidance.

At Cofer & Connelly, PLLC, our family law attorneys handle guardianship matters with the same negotiation-centered approach we bring to every case: efficient where the path is clear, and prepared to litigate when it isn’t.

If your family is facing a guardianship decision, contact us to schedule a free consultation, including virtual appointments. Call us at (512) 991-0576.

Why Austin Families Work With Cofer & Connelly, PLLC on Guardianship Matters

Rick Cofer and Jeffrey Connelly, both former prosecutors and judges appointed to offices by Presidents, Governors, and Mayors, lead our practice. Our team brings over 100 years of combined experience and has tried more than 300 jury trials across Texas. That courtroom background matters in guardianship proceedings, where a contested case can escalate quickly and even an uncontested case requires meeting exacting legal standards.

We don’t apply a cookie-cutter approach. Guardianship situations are deeply personal, and the right strategy depends on your family’s specific circumstances, the ward’s remaining capacity, and what the probate court may require. With four offices statewide and more than thirty professionals, we have the resources to handle a guardianship case from application to annual reporting.

Guardian of the Person & Guardian of the Estate

Texas recognizes two distinct types of guardianship authority, and a court can grant one or both depending on what the ward needs.

Guardian of the Person
This role covers the ward’s personal welfare: health care, living arrangements, and daily life. It applies to both minor children and incapacitated adults who can’t adequately direct their own care.

Guardian of the Estate
This role covers the ward’s financial affairs and property. It may be appropriate when a minor inherits assets or when an adult can no longer manage their own finances due to cognitive decline or disability.

Courts can also grant limited guardianships that preserve some of the ward’s rights where their remaining capacity allows. A person might need a guardian of the estate but retain the ability to make certain personal decisions. Texas probate courts weigh the ward’s actual level of incapacity carefully before granting full authority to any guardian.

How a Texas Guardianship Case Moves Through Travis County Probate Court

Travis County has two statutory probate courts, Probate Court No. 1 and Probate Court No. 2, both of which handle guardianship proceedings for incapacitated adults and minors. Knowing what the process requires before you file can help your family prepare and avoid delays.

Certificate of Medical Examination

A guardianship application must include a Certificate of Medical Examination completed by a licensed physician or other qualified examiner. The certificate addresses the proposed ward’s functional capacity and supports the court’s determination of whether guardianship is warranted and how broad it should be.

Attorney Ad Litem

Texas courts must appoint an attorney ad litem to represent the proposed ward’s legal interests in every guardianship proceeding. The attorney ad litem is independent of the petitioner’s counsel and advocates solely for the ward. This requirement applies even in uncontested cases.

Temporary Guardianship

When a situation is urgent, a court may grant a temporary guardianship to protect the proposed ward while the full proceeding is pending. Temporary guardianships are generally limited to 60 days. They provide immediate legal authority but don’t replace the need to complete the longer-term process.

Ongoing Reporting After Appointment

A guardianship doesn’t end at the hearing. Once appointed, a guardian must file annual reports on the ward’s condition and well-being, and Letters of Guardianship must be renewed on an ongoing basis. Courts treat these requirements seriously, and failure to comply can result in removal.

Alternatives to Guardianship Under Texas Law

Before a Texas probate court can grant a guardianship, it must find by clear and convincing evidence that less restrictive alternatives were considered and aren’t feasible. Two options come up frequently.

Supported Decision-Making Agreements
Texas was the first state to legally recognize supported decision-making agreements, now codified in Chapter 1357 of the Texas Estates Code. A supported decision-making agreement allows an adult with a disability to name a trusted supporter who helps them understand and communicate decisions without transferring legal authority to that person. The adult retains their legal rights; the supporter provides guidance.

Durable Power of Attorney
A durable power of attorney lets a person designate an agent to make decisions on their behalf if they become incapacitated. Because authority flows from the person’s own choice rather than a court order, it’s generally less restrictive than guardianship. It’s also typically available only to someone who currently has the legal capacity to execute one.

Whether one of these alternatives fits your situation or a full guardianship is necessary depends on the proposed ward’s current capacity and circumstances. Our guardianship lawyers in Austin can walk through the options with you during a free consultation.

Speak With a Guardianship Lawyer in Austin Today

Guardianship proceedings involve real deadlines, required documentation, and court hearings that can feel overwhelming when you’re also caring for a loved one. Whether your situation calls for a straightforward application or contested proceedings in Travis County Probate Court, we can help you evaluate your options.

Call (512) 991-0576 to speak with a guardianship attorney in Austin at no cost.

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