Duties of a Guardian in Texas

Being appointed guardian is not the end of a guardianship case. It's the beginning of an ongoing legal responsibility. A Texas guardian acts under court supervision for as long as the guardianship lasts, and the court expects regular reports, careful handling of money and respect for the ward's rights. If you've been appointed, or are about to be, here's what the job involves.

Getting started: oath, bond and letters

After the judge signs the order appointing you, you must qualify before you can act:

• Oath. You swear to faithfully perform your duties as guardian.
• Bond. You post a bond in the amount the court sets. For a guardian of the estate, the bond is tied to the value of the property and income you'll control, and it is usually purchased from a surety company. A guardian of the person is also generally required to post a bond, typically much smaller. The bond protects the ward if a guardian mishandles their property.
• Letters of guardianship. Once you qualify, the county clerk issues letters, which show banks, doctors and agencies that you have authority. Letters generally expire and must be renewed each year, usually after your annual report or account is approved.

Many courts also require guardians to complete training about their duties before or soon after appointment.

Duties of a guardian of the person

A guardian of the person is responsible for the ward's care and well-being. Depending on the powers in the court order, this includes:

• Deciding where the ward lives, choosing the least restrictive appropriate setting
• Consenting to medical, psychological and dental treatment
• Making sure the ward has food, clothing, shelter and appropriate supervision
• Visiting the ward regularly and staying informed about their condition
• Helping the ward develop or regain the ability to care for themselves when possible

The annual report

Each year, the guardian of the person files an annual report with the court. It describes the ward's residence, health, medical care, social and educational activities, how often the guardian visited, and whether the guardianship should continue, be modified or end. The report is based on the anniversary of the guardian's qualification, and the court must approve it.

A guardian of the person should also keep the court informed of significant changes, such as a move to a different residence, a hospitalization or the ward's death.

Duties of a guardian of the estate

A guardian of the estate manages the ward's money and property as a fiduciary, meaning you must act solely in the ward's interest with care and honesty.

Inventory

Within 30 days after qualifying, the guardian of the estate files a verified inventory, appraisement and list of claims showing all of the ward's property, its value, and debts owed to or by the ward. The court reviews and approves it.

Annual account

Every year, the guardian of the estate files an annual account showing what the estate had at the start of the period, all money received, every expense paid and what remains. Bank statements and receipts are typically required. Keep detailed records from day one; reconstructing a year of spending later is hard.

Managing money correctly

• Keep the ward's money in accounts in the guardianship's name, never mixed with your own
• Collect income, benefits and debts owed to the ward
• Invest prudently, within the rules the Estates Code sets for guardians
• Pay the ward's expenses only as the court allows, often under an approved monthly allowance or budget
• Don't borrow, lend, gift or buy from the ward's estate for yourself

Actions that need court approval

A guardian can't do everything on their own. Court approval is generally required before:

• Selling, leasing or mortgaging the ward's real estate
• Spending the ward's money on support beyond what's been approved
• Making unusual investments or significant purchases
• Settling lawsuits or claims on the ward's behalf
• Paying yourself compensation or paying attorney's fees from the estate
• Making gifts, Medicaid planning transfers or creating trusts with the ward's property

Certain personal decisions, such as admitting the ward to an inpatient psychiatric facility, have their own legal rules and may not be within a guardian's authority without additional court proceedings. When in doubt, ask before you act.

Respecting the ward's rights

Texas law includes a bill of rights for wards (Estates Code Section 1151.351). A ward keeps all rights not specifically removed by the court. Among other things, the bill of rights says a ward has the right to:

• A guardianship that encourages self-reliance and independence
• Be treated with respect, consideration and recognition of their dignity and individuality
• Have a copy of the guardianship order and receive information about their rights
• Have the guardianship reviewed by the court and petition to have it modified or ended
• Be represented by an attorney in court proceedings
• Have their preferences considered when decisions are made, including about where they live and their care
• Communicate and visit with people of their choosing, with restrictions only as Texas law allows
• Personal privacy, and to keep and use personal possessions as appropriate
• Vote, marry or drive, unless the court has specifically restricted those rights

Guardians should read the full list and keep it in mind with every decision.

What happens if a guardian doesn't follow the rules?

A guardian who misses deadlines, mishandles money or neglects the ward can be ordered to correct the problem, held personally liable for losses, have their bond charged, or be removed. See ending or changing a guardianship.

Getting help

Guardianship cases for Seguin and Guadalupe County residents remain under the supervision of the court that handles guardianship in Guadalupe County for as long as they last. Attorney Jesus R. Lopez helps guardians prepare inventories, accounts and annual reports, request court approval and stay in compliance. Learn more on our guardianship lawyer page, or start with how guardianship works in Texas and the cost of guardianship.

Frequently asked questions

Have questions about your situation? Talk with a Seguin guardianship lawyer. Consultations are free, by phone or in person, in English or Spanish.

Related guides

This article is general information about Texas law, not legal advice for your situation. Laws change, and every case is different.