Guardianship

A guardianship may be needed if someone is disabled and unable to care for him or herself. You may need to apply for guardianship of someone you love if no other alternatives are feasible. An application for guardianship can be filed with the court requesting the ability to legally handle someone’s personal business and financial business as well as the ability to legally manage someone’s property.

Should you need to go through the guardianship process, you must have an attorney that is certified to represent you. Attorney Dixon is certified to represent individuals in probate court in an application for guardianship.

Understanding Guardianship in Texas

Guardianship is a court-supervised legal process that allows a responsible individual to make certain decisions for someone who is unable to care for themselves or manage their personal or financial affairs. Texas courts carefully review every guardianship application because the appointment of a guardian can significantly affect an individual’s legal rights.

Guardianship is often considered only after less restrictive alternatives have been explored. Every family situation is unique, and determining whether guardianship is appropriate depends on the individual’s physical condition, mental capacity, and overall needs. Our office can help you understand your legal options and determine whether guardianship is the best solution for your loved one.

Types of Guardianship

Depending on the circumstances, Texas law recognizes several forms of guardianship.

Guardian of the Person

A Guardian of the Person is generally responsible for making decisions regarding the individual’s:

• Medical care
• Living arrangements
• Daily personal needs
• Education
• Personal well-being

Guardian of the Estate

A Guardian of the Estate manages the individual’s financial affairs, including:

• Paying bills
• Managing bank accounts
• Protecting assets
• Filing required reports
• Managing investments
• Maintaining or selling property with court approval

Full Guardianship

A full guardianship gives the guardian authority over both the individual’s personal care and financial matters when the court determines that such authority is necessary.

Limited Guardianship

In certain cases, the court may grant only limited authority, allowing the individual to retain as many legal rights and personal freedoms as possible while still receiving needed protection.

When Is Guardianship Necessary?

Guardianship may become necessary when an individual can no longer safely make important decisions because of:

• Alzheimer’s disease
• Dementia
• Developmental disabilities
• Intellectual disabilities
• Serious mental illness
• Brain injury
• Physical incapacity
• Age-related cognitive decline

Our office can evaluate your family’s circumstances and determine whether guardianship is the most appropriate legal option.

The Texas Guardianship Process

Although every guardianship case is unique, the legal process generally includes:

1. Filing an Application for Guardianship.
2. Medical evaluations when required.
3. Appointment of an attorney or guardian ad litem.
4. Court investigation.
5. Guardianship hearing.
6. Appointment of the guardian by the court.
7. Ongoing reporting requirements after appointment.

Because guardianship proceedings involve strict legal requirements, deadlines, and court oversight, working with an experienced probate attorney can help ensure the process is completed properly and efficiently.

Guardianship Transfers

If you serve as a guardian and move to another county or state, your guardianship case may need to be transferred to the new jurisdiction. This process often requires coordinated legal action both to transfer the guardianship to the new county or state and to properly close or transition the case in the original jurisdiction. Because guardianship laws and procedures vary, the requirements for a successful transfer differ from one county or state to another.

Our office assists clients with guardianship transfers and works to ensure all required court procedures are completed correctly while protecting the interests of the individual under guardianship.

Why Choose The Law Offices of Rita C. Dixon, PLLC?

Guardianship proceedings can be emotionally challenging and legally complex. Our office provides compassionate legal guidance while helping families navigate difficult decisions with confidence.

We assist clients with:

• Guardianship applications
• Probate Court representation
• Guardianship transfers
• Court filings and legal documentation
• Guardian responsibilities
• Ongoing reporting requirements
• Legal consultations and case evaluations

Our goal is to help families protect their loved ones while ensuring compliance with Texas guardianship laws.

Serving Families Throughout North Texas

The Law Offices of Rita C. Dixon PLLC proudly represents families throughout Collin County, Dallas County, Denton and Tarrant Counties.  The firm also represents clients in Plano, Frisco, McKinney, Allen, Richardson and in other surrounding North Texas communities. Whether you are seeking guardianship for a loved one or need assistance transferring an existing guardianship, we are here to help.

Frequently Asked Questions

What is guardianship?

Guardianship is a court-supervised legal relationship that allows one person to make certain decisions on behalf of another individual who is unable to make those decisions independently.

Who can become a guardian?

Texas courts generally appoint responsible adults who are capable of acting in the best interests of the individual needing guardianship. The court ultimately determines who is qualified to serve.

Does guardianship remove a person’s rights?

Depending on the type of guardianship granted, certain legal rights may be transferred to the guardian. Texas courts seek to preserve as many rights as possible while protecting the individual.

Do I need an attorney?

Because guardianship proceedings involve court filings, legal notices, hearings, and ongoing reporting requirements, having an experienced attorney can help ensure the process is completed correctly and efficiently.

Schedule a Consultation

If you are considering guardianship for a loved one or need assistance with a guardianship transfer, The Law Offices of Rita C. Dixon, PLLC is here to help. We understand these decisions are never easy, and we are committed to providing compassionate legal guidance throughout every step of the guardianship process.

Contact The Law Offices of Rita C. Dixon, PLLC today to schedule a confidential consultation and learn how we can help protect your loved one and your family’s future. You can schedule a consultation online or call us at (817) 768-6333.