A guardianship isn't always meant to last forever. People recover from injuries and illness. Young adults with disabilities learn new skills. Guardians move, get sick or stop doing the job. And every guardianship eventually ends. Texas law has procedures for all of these situations. Here's how a guardianship can be changed or closed.
Restoring the ward's capacity
If a ward's condition improves, the ward or another interested person can ask the court to find that the ward has regained capacity and to end the guardianship entirely. This is called a complete restoration. Texas Estates Code Chapter 1202 governs the process.
How it starts
- Formal application. The ward or an interested person files an application to restore capacity.
- Informal letter. Texas allows a ward to send an informal letter to the court asking for restoration or modification. The court may appoint a court investigator or guardian ad litem to look into it, and an attorney ad litem to represent the ward.
What the court needs
The court generally needs a physician's certificate or other medical evidence describing the ward's current condition and abilities. The ward is entitled to an attorney ad litem, and the guardian receives notice. At the hearing, the court decides whether the ward has regained the ability to care for themselves, manage their property, or both.
If the court restores capacity, the guardian files a final report or account, turns over the ward's property, and the guardianship is closed.
Modifying the guardianship
Sometimes a ward can do more than before but still needs some help. The court can modify the guardianship to:
- Restore specific rights, such as the right to vote, drive, choose a residence or manage some income
- Change a full guardianship to a limited guardianship
- Expand the guardian's powers if the ward's condition has worsened
The process is similar to restoration: an application or informal letter, medical evidence, an attorney ad litem for the ward and a hearing. Texas law favors leaving the ward with as many rights as their abilities allow, so modification toward more independence is encouraged when the evidence supports it.
A ward has the right to petition the court for restoration or modification. This is part of the bill of rights for wards. See duties of a guardian.
Removing a guardian
A guardian can be removed if they aren't doing their job. Grounds for removal include situations where a guardian:
- Fails to file required inventories, accounts or reports after being ordered to
- Misapplies, embezzles or mishandles the ward's property
- Neglects or abuses the ward, or doesn't provide proper care
- Becomes incapable of serving or disqualified, such as after certain criminal convictions
- Has interests that conflict with the ward's
- Can't be located or moves away without following the court's requirements
Removal can happen on the court's own motion or after an interested person files a motion. In some serious situations involving risk to the ward or their property, the court can act quickly, even before a full hearing, with a hearing to follow. When a guardian is removed, the court appoints a successor guardian.
Resignation and successor guardians
A guardian who can no longer serve, because of age, health, a move or other reasons, can apply to resign. The court won't release the guardian until they file a final account or report and a successor is appointed or the property is protected. Parents of an adult ward often plan for this by naming a successor in their will or in a designation of guardian.
When the ward dies
A guardianship ends when the ward dies. The guardian's authority over the person ends, and the guardian of the estate's role shifts to wrapping up:
- Notifying the court of the death
- Filing a final account and protecting the property until it's delivered to the ward's estate
- In some cases, paying certain funeral expenses and limited claims with court approval
The ward's property then passes through the ward's own estate, under their will or Texas inheritance law. That often means a probate case. See the probate process in Seguin.
When a minor ward turns 18
A guardianship of a minor ends when the child turns 18 (or their disabilities of minority are removed). The guardian of the estate files a final account and delivers the property to the young adult. If the young adult has a disability and still needs help, a separate adult guardianship, or an alternative like a supported decision-making agreement, needs to be in place. That application can be filed after the child turns 17. See guardianship of a minor.
Other reasons a guardianship may close
- The ward's estate is used up, so a guardianship of the estate is no longer needed
- A less restrictive alternative becomes available and adequate
- The ward moves and the guardianship is transferred to another county or state
Help in Guadalupe County
Guardianships for Seguin and Guadalupe County residents are supervised by the court that handles guardianship in Guadalupe County, and changes go through that court. Attorney Jesus R. Lopez represents wards seeking restoration, families seeking modification or removal, and guardians who need to resign or close a guardianship. Visit our guardianship lawyer page.
Frequently asked questions
Can a ward ask to end their own guardianship?
Yes. A ward can file an application or send an informal letter to the court asking for restoration or modification. The court can appoint an attorney ad litem to represent them.
How do I report a guardian who isn't caring for the ward?
An interested person can file a motion asking the court to investigate or remove the guardian. If the ward is in danger, you can also contact Adult Protective Services.
Does a guardianship automatically end at 18?
A guardianship of a minor does. An adult guardianship doesn't end on any age; it continues until restoration, the ward's death or another court order.
Can a guardianship be moved to another county?
Yes. If the ward moves, the court can transfer the guardianship to the county where the ward now lives.
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.