Guardianship for Incapacitated Individuals in El Paso, Texas
Court-supervised legal arrangements for adults or minors who cannot make personal, financial, or medical decisions independently.
What This Legal Process Covers
Legal representation throughout the guardianship process, including court filings, hearings, and ongoing compliance with Texas requirements.
- Review of the ward’s mental or physical incapacity
- Drafting and filing guardianship application in probate court
- Representation at all required hearings
- Medical certificate preparation (as required under Texas Estates Code)
- Assistance with annual court reporting and accountings
- Legal advice on the scope of powers and responsibilities
- Legal advice on the scope of powers and responsibilities
- Modifications, renewals, or terminations of guardianship
Court Authorization Is Required
Guardianship is the only legal process in El Paso, Texas to appoint a substitute decision-maker for an incapacitated adult or unrepresented minor.
Provides legal authority to make decisions for another person
Protects the ward from financial or physical exploitation
Ensures compliance with statutory reporting obligations
Determining Legal
Incompetence or Incapacity
Guardianship applies when no less-restrictive option adequately protects a person’s interests under Texas law.
- Adults with dementia or severe cognitive decline
- Adults with intellectual disabilities impairing daily decisions
- Minors whose parents are deceased or unfit
- Persons with severe traumatic brain injury
- Elderly individuals subject to undue influence
Grounded Legal Work on Guardianship Cases
Experienced Case Handling
Representation across uncontested guardianship matters under Texas Estates Code Chapters 1101–1155.
Procedural Compliance Focus
Ensures statutory forms, physician certifications, and filings meet El Paso County probate court requirements.
Client-Specific Assessment
Guidance on whether guardianship is legally necessary or if alternatives apply under the Texas Supported Decision-Making Act.
Guardianship FAQs
Answers based on current Texas Estates Code and probate practice.
What is a guardianship under Texas law?
A guardianship is a legal relationship created by a court in which a person is appointed to make decisions for another (the ward) due to incapacity.
Who determines incapacity in Texas guardianship cases?
A physician licensed in Texas must complete a certificate of medical examination. The court ultimately decides incapacity based on evidence.
What types of guardianships exist in Texas?
There are guardianships of the person, the estate, or both. Limited guardianships may also be created if full authority is not necessary.
How long does the guardianship process take?
Generally 8 –12 weeks, depending on court scheduling and whether the case is contested.
Are there legal alternatives to guardianship?
Yes. Durable powers of attorney, medical powers of attorney, and supported decision-making agreements may avoid the need for guardianship.
What are the reporting requirements for guardians?
Guardians must file annual accountings and personal status reports with the court and notify the court of any changes in circumstances.
Can a guardianship be challenged or removed?
Yes. Interested persons may contest appointments or petition the court for removal or modification based on legal grounds.
Who oversees guardianships in El Paso County?
The El Paso County Probate Court has jurisdiction. Court investigators and guardianship compliance programs assist in monitoring.
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