Guardianship in Texas What Probate Jurisdictions Mean for Families

When a loved one can no longer make safe decisions for themselves, families are often put in the difficult position of seeking guardianship. This can be an incredibly painful time for families, as individuals may be able to recognize the loss of freedom, despite being unable to make appropriate decisions for themselves. Whether you’re talking about an aging parent with dementia, a child with special needs reaching the age of adulthood, or an adult with a serious illness, guardianship ensures that the individual’s best interests are protected and that someone can take care of their personal matters. When this occurs, talking to a guardianship lawyer is crucial.

The team at Garza Law Office understands the complexities and nuances of seeking guardianship. Attorney Dora Alicia Garza provides legal guidance in both English and Spanish, ensuring that people throughout the Edinburg region can access the support they need. To discuss your case in greater detail with our guardianship law firm, call us at 956-329-1304 to set up a consultation now.

Understanding Guardianship in Texas

In Texas, probate courts go beyond handling wills and estates. They also oversee guardianships. Guardianship cases, much like estate cases, require extensive judicial oversight, accountings and documentation, and ongoing management of the individual’s property.

There are two main types of guardianship in Texas. Someone may be appointed guardian of the person or guardian of the estate. A guardian of the person handles the individual’s personal decisions, like where they live, their healthcare, and their day-to-day needs. A guardian of the estate is responsible for managing the individual’s money, property, and financial obligations.

As is the case in most states, guardianship is a last resort in Texas. The courts prefer less restrictive options if at all possible, but if it’s a matter of the person’s safety and wellbeing, the court will still allow a guardianship.

Probate Jurisdiction in Texas—Which Court Handles Guardianships?

However, it gets even more confusing—not every Texas county has the same type of probate court.There are statutory probate courts, county courts at law, and constitutional county courts. Larger counties typically have statutory probate courts. These judges exclusively handle probate and guardianship matters, because they have a caseload that requires that level of oversight. You should expect frequent hearings, proof of compliance, and guardianship monitoring programs.

County courts at law are usually reserved for mid-sized counties, and you’ll likely see that judges handle multiple types of cases. This may mean waiting longer for guardianship hearings and a court that has fewer administrative resources for complex guardianship cases.

In rural parts of the state, guardianship cases are generally handled by constitutional county courts. These courts are presided over by county judges, Because these courts handle a greater variety of cases, you may find that your case moves more slowly than it would in other areas.

Regardless of which county your guardianship case is in, having appropriate legal representation is crucial. A guardianship law firm can help you advocate for your loved one and meet all statutory requirements.

Why Jurisdiction Matters

Jurisdiction is fairly complex in guardianship matters in Texas. If your county has a statutory probate court, it’s likely that they have exclusive jurisdiction over the case. Other courts, including district courts of county courts at law, are likely barred from handling guardianship matters. In counties without statutory probate courts, jurisdiction may be shared or may rest exclusively with one court.

The area you’re in can play a big role in your experience in guardianship court. If you’re in a county with a statutory probate court, the judge’s experience with guardianship cases will help your case move along more quickly—however, it may also mean that any errors or missteps you have will be called out more quickly.

It’s also important to know the procedural requirements for whichever court handles your guardianship case. Accounting deadlines, report formats, and specific training requirements can all vary.

Avoiding Common Pitfalls

Working with a guardianship attorney can help you avoid common errors that delay your case. Ensure that you file your case in the appropriate court; your guardianship lawyer can help you determine which court has jurisdiction. Avoid filing reports late or without the necessary information, as this can threaten your guardianship. Ensure that you only submit up-to-date medical certificates and that you maintain accurate financial records.

We’re Here to Help—Let’s Talk About Your Guardianship Case

If you’re ready to discuss your case with our guardianship attorney, let’s sit down and talk. Schedule a consultation by calling us at 956-329-1304 or contacting us online.

Dora Alicia Garza

Dora Alicia Garza is a seasoned attorney based in Texas and the Founder of Garza Law Office, PLLC. She has built a respected practice across multiple areas of law, including criminal defense, family law, personal injury, guardianships & wills, estate planning & probate, immigration, debt defense and juvenile law. Learn more here.