What is a durable guardianship?
A durable guardianship is a legal arrangement created when an adult, called a guardian, is appointed by a court to manage the personal, healthcare, and financial decisions of someone who can’t make these decisions on their own, such as a minor child or an adult who is no longer able to care for themselves. This guardianship is known as a “durable” because the guardianship remains in effect even after the death of the minor or incapacitated person. In Texas, the guardianship process begins when an adult files a petition for guardianship with the court. After the petition is filed, the court will order an investigation to be conducted to determine if guardianship is needed. During this investigation, the court will take into account the wishes of the person being appointed a guardian and any input from other family members or healthcare professionals. Once the court finds that guardianship is necessary, it will appoint a guardian who is legally responsible for taking care of the needs of the person in need. The guardian is charged with making decisions on behalf of the person they are caring for, including decisions about their healthcare, residence, education, and activities. The guardian is also responsible for managing the person’s money and property, according to the standards set by the court. The Texas Durable Guardianship Act allows the guardian to act in the best interests of the person they are caring for, even if that means making decisions that the person may not agree with.
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