Who Can Serve as a Guardian in Texas?

When a guardianship is needed, the next question is who should serve. Sometimes the answer is obvious: a spouse, a parent or the adult child who already handles everything. Other times, several family members want the job, or no one is able to do it. Texas law sets out who has priority, who is disqualified and what happens when no family member can serve.

The basic rule: best interest, with priorities

The court appoints the person it finds most suitable to serve, guided by priorities in the Texas Estates Code. The court's focus is always the ward's best interest, and the person appointed must be qualified and not disqualified.

Priority for an adult ward

1. A person the ward designated in a valid declaration of guardian, unless disqualified or not in the ward's best interest
2. The ward's spouse, if eligible
3. The nearest relative, such as an adult child, parent or sibling
4. Another eligible person, including a friend, a certified private professional guardian or a guardianship program

When relatives are equally related, such as several adult children, the court decides which appointment is in the ward's best interest. The ward's own preferences also matter and should be considered.

Priority for a minor ward

1. A surviving parent, in most cases
2. A person the last surviving parent named in a will or written declaration
3. The nearest ascendant, often a grandparent
4. Another qualified person

A child 14 or older may be able to choose their guardian, subject to court approval. See guardianship of a minor.

Who is disqualified?

Texas law disqualifies certain people from serving, including:

• Minors
• People of notoriously bad conduct
• People who are themselves incapacitated or unable to manage the duties
• People with certain criminal convictions, such as offenses involving violence, abuse or sexual offenses, depending on the statute
• People with an adverse interest, such as someone who is a party to a lawsuit affecting the ward's welfare, or someone asserting a claim against the ward's property
• People who owe the ward money, unless the debt is paid before appointment
• People the ward disqualified in a designation of guardian
• People who lack the education or experience to manage the ward's property, in the case of a guardian of the estate
• Nonresidents who haven't appointed a Texas resident agent

The proposed guardian usually goes through a criminal history check before the hearing.

Can someone who lives outside Texas serve?

Yes. A person who lives in another state can serve as guardian if they otherwise qualify and file a designation of a resident agent in Texas to accept service of legal papers. The court will also consider whether the guardian can realistically meet the ward's needs from a distance, such as visiting regularly and responding to emergencies. If the ward will move to the guardian's state, the guardianship may later be transferred.

Can two people serve together?

In limited circumstances, Texas allows joint guardians, such as a husband and wife, or both parents of an adult ward. The court can also split roles, naming one person guardian of the person and another guardian of the estate. This can work well when one family member lives nearby and another has financial experience.

Private professional guardians and guardianship programs

When no family member is willing or suitable, the court may appoint:

• A private professional guardian, a person who serves as guardian for pay for wards who aren't relatives. Private professional guardians must be certified by the Judicial Branch Certification Commission, which sets standards and handles complaints.
• A guardianship program, typically a nonprofit, whose staff members who provide guardianship services must also be certified.
• A corporate fiduciary, such as a qualified trust company, which may serve as guardian of the estate.
• A state agency, in certain cases, such as when Adult Protective Services refers someone for guardianship services and no other suitable guardian exists.

Attorneys who serve as guardians may have different certification requirements. Family members serving for their own relative generally don't need certification but may need court-required training.

When family members disagree

Disputes over who should serve are common, especially in guardianships for a parent with dementia. Each side may file an application, and the court may appoint a temporary guardian while the dispute is resolved. Mediation often helps families reach an agreement, such as dividing the roles or agreeing on a neutral professional. See guardianship for a parent with dementia and temporary guardianship.

Plan ahead

The surest way to make sure the right person serves is to put it in writing while you can. A designation of guardian lets you name your preferred guardian and disqualify people you don't want.

If you're thinking about serving as guardian for a family member in Seguin or elsewhere in Guadalupe County, Attorney Jesus R. Lopez can explain the requirements and help you apply. Visit our guardianship lawyer page.

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.