Who Can Serve as a Guardian? by Whitney L. Thompson

Who Can Serve as a Guardian? by Whitney L. Thompson

Choosing the right guardian for a loved one in Texas is an important decision that can affect every aspect of their life. At the Law Office of Whitney L. Thompson in Houston, we help families understand the guardianship process and make confident decisions based on their unique needs. Whether you’re seeking to be appointed as a guardian or exploring options for someone in your care, we’re here to guide you through the legal steps and responsibilities involved.

The Law Office of Whitney L. Thompson, PLLC
4201 Farm to Market 1960 Rd W Suite 360, Box #116B, Houston, TX 77068, United States
(281) 214-0173
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Texas law, specifically the Texas Estates Code, sets out the framework for who can serve as a guardian and how the courts make these decisions. A guardian may be appointed to manage either the personal affairs, financial matters, or both for an individual known as the ward. This can include elderly adults with conditions like dementia, individuals with intellectual or developmental disabilities, or minors without parental care due to circumstances such as neglect, incarceration, or death of a parent.

In some cases, the court may assign a Guardian of the Person, who handles healthcare and living arrangements, or a Guardian of the Estate, who is responsible for managing finances and property. When needed, full or limited guardianship may be granted based on the individual’s capacity. Courts may also consider split guardianship when it is more practical for responsibilities to be divided between two individuals.

Whitney L. Thompson, a Houston guardianship attorney, brings years of experience and a client-focused approach to every case. A graduate of Thurgood Marshall School of Law, Whitney began her legal career working in the school’s wills, probate, and guardianship clinic. She now leads her own firm, helping clients navigate guardianship, probate, divorce, child support, and estate planning. Her team is committed to making the legal process clear, respectful, and manageable.

Serving as a guardian comes with clear qualifications and expectations. You must be a legal adult, and in most cases, a Texas resident. Non-residents may still qualify if they appoint a registered agent in Texas. The court also considers moral character, financial responsibility, and whether the potential guardian is physically and mentally capable of fulfilling the role. Background checks and bond requirements may apply, especially in guardianships involving large estates.

Family members are often prioritized when courts make these decisions. Parents, spouses, or adult children are usually considered first, though other relatives like siblings or grandparents may also be eligible. If no family member is available or appropriate, the court may appoint a non-relative such as a trusted friend or a professional guardian. In some situations, co-guardians may be appointed, but only under specific conditions outlined in the law.

Guardianship is designed to protect vulnerable individuals while respecting their independence. Texas courts aim to make the least restrictive appointment possible and evaluate each case individually. If you’re considering guardianship in Houston, contact the Law Office of Whitney L. Thompson at (281) 214-0173 to schedule a consultation and learn how we can assist you in securing the care your loved one deserves.

Who qualifies for guardianship in Texas?
Who may be appointed as a guardian?
Who can count as a guardian?
Who can act as a guardian?