As a parent or family member of someone with special needs, you’ve spent years advocating for your loved one. But what happens when they turn 18 and you no longer have automatic legal authority to make medical decisions? Or perhaps your adult family member’s special needs have progressed to where they cannot safely make decisions about their own care. The thought of not being able to help them is terrifying.
Guardianship of the person provides the legal authority you need to continue protecting your special needs loved one. This court-approved arrangement allows you to make personal, medical, and care-related decisions for someone who cannot make these decisions independently due to intellectual disabilities, developmental disabilities, autism, cerebral palsy, or other special needs conditions. At Strickland Law Firm, we understand that guardianship isn’t about limiting your loved one—it’s about ensuring they receive the care and protection they deserve while maximizing their independence.
We’ve helped numerous Houston families establish guardianship for special needs individuals. We’re here to guide you through every step with compassion and expertise.
In Texas, guardianship of the person for special needs individuals is established when the court determines that someone lacks the capacity to make decisions about their own physical health, safety, and personal care. This type of guardianship focuses on non-financial decisions including medical treatment, living arrangements, educational services, and daily care needs.
The Texas Estates Code requires clear and convincing evidence that the proposed ward cannot make safe decisions about their personal welfare. The process involves filing an application with the Harris County Probate Court, providing medical and psychological evaluations, and appearing before a judge. Texas law recognizes that special needs individuals have varying capabilities, so the court can create limited guardianships that preserve autonomy while providing necessary protection.
We’ve successfully established guardianships for special needs individuals throughout Harris County. When you work with us, we:
ou receive personalized legal representation from attorneys who understand both the legal complexities and the emotional realities of caring for a special needs loved one.
Many families face the guardianship question when their special needs child approaches 18, when parental authority automatically ends. If your child cannot make independent decisions about medical care, living situations, or personal safety, establishing guardianship before their 18th birthday ensures continuity of legal authority. Waiting until after they turn 18 can create dangerous gaps in care.
Guardianship may also become necessary for adults whose special needs have progressed or whose parents can no longer serve as guardians. Common situations include individuals with autism who cannot recognize social dangers, adults with intellectual disabilities who need help making medical decisions, and those with conditions affecting judgment and safety awareness. Before pursuing guardianship, alternatives like Medical Power of Attorney should be considered, though many special needs individuals lack the capacity to execute these documents.
One of the most important aspects of special needs guardianship is finding the right balance between protection and independence. Texas law requires courts to consider whether a limited guardianship would provide adequate protection while preserving rights in areas where the individual can make their own decisions. Limited guardianship might give you authority over major medical decisions and living arrangements while allowing your loved one to make choices about daily activities, social relationships, and personal preferences.
For example, someone with mild intellectual disabilities might choose their own clothes, hobbies, and friends but need guidance making complex healthcare decisions. We help families present cases that demonstrate both where protection is needed and where independence can be preserved.
Guardianship of the person often works with other special needs planning tools. If your loved one receives government benefits like SSI or Medicaid, coordinate guardianship with a special needs trust to maintain eligibility. You may also need guardianship of the estate for financial matters, or designate a separate person to handle finances while you focus on personal care decisions. Many families create Last Will and Testament documents that designate successor guardians, ensuring continuous protection.
As guardian of the person for a special needs individual, you’ll make decisions about medical care, therapies, educational services, living arrangements, and daily activities. You must ensure they receive appropriate services, advocate for their needs, and maintain regular contact to monitor their welfare. Texas law requires annual reports describing your ward’s condition, living situation, and services received. You’ll notify the court of major decisions like residence changes or significant medical procedures.
We understand the unique challenges special needs families face and the emotional complexity of seeking guardianship for someone you’ve cared for their entire life. You may have fears about the future, concerns about what happens when you can no longer serve as guardian, or difficult family dynamics. We’ve worked with families through all of these situations in Harris County Probate Court.
At Strickland Law Firm, we provide personalized service with clear communication in plain English. You’ll work directly with your attorney and receive realistic guidance about processes and timelines. We offer transparent flat-fee pricing so you never face surprise legal bills.
Fill out the form below and we’ll review your situation and contact you shortly.
Yes, it’s highly advisable to establish guardianship before your child turns 18 if they cannot make independent decisions about their health, safety, and personal care. At 18, your child becomes a legal adult and your parental authority automatically ends, which means you no longer have the legal right to make medical decisions, access their records, or make other important choices on their behalf without guardianship. Starting the guardianship process several months before their 18th birthday ensures there’s no gap in your legal authority to protect them. Many families are surprised to learn they can no longer speak with their child’s doctors, make educational decisions, or even access information about their care once they turn 18 without proper legal authority. Establishing guardianship provides continuity of care and eliminates the vulnerability that occurs when your authority suddenly ends on their birthday.
Guardianship of the person authorizes you to make decisions about your loved one’s physical care, medical treatment, living arrangements, therapies, and personal wellbeing, but it does not give you control over their money or property. Guardianship of the estate deals exclusively with financial matters like managing bank accounts, government benefits, inheritances, and other assets. For special needs individuals receiving SSI or Medicaid, financial matters are often handled through a special needs trust rather than guardianship of the estate to preserve benefit eligibility. However, some individuals need both types of guardianship, and they can be held by the same person or split between different guardians depending on what’s best for the individual. The court evaluates each type separately based on the person’s specific needs and capabilities, so you might be granted guardianship of the person without needing guardianship of the estate if their financial matters are already properly managed.
Absolutely, and Texas courts prefer limited guardianships when they provide adequate protection while preserving the individual’s rights and independence. Limited guardianship of the person gives you authority only in specific areas where your loved one needs help, such as major medical decisions or choosing safe living arrangements, while allowing them to retain decision-making authority in areas where they’re capable, like daily routines, personal relationships, or recreational activities. The court will review evidence about your loved one’s specific capabilities and limitations to determine which areas require guardianship protection and which can remain under their control. This approach respects their dignity and autonomy while still providing necessary protection. As their needs change over time, the guardianship can be modified to expand or reduce your authority, ensuring the arrangement always matches their current level of functioning and maximizes their independence.
Guardianship of the person itself does not affect eligibility for government benefits like Supplemental Security Income (SSI) or Medicaid, as these benefits are based on disability status and financial resources, not legal capacity. However, you must be very careful about how financial matters are handled if you also have guardianship of the estate or if your loved one receives an inheritance or settlement. Receiving assets directly can disqualify them from benefits because SSI and Medicaid have strict asset limits. This is why many special needs families use special needs trusts to hold and manage assets without jeopardizing benefit eligibility. When you’re guardian of the person, you’ll work with the Social Security Administration and Medicaid as the legal representative for healthcare and personal decisions, which actually makes it easier to coordinate their care and services. We help families understand how guardianship fits with their overall special needs planning to ensure benefits remain protected while providing quality care.
Planning for successor guardianship is one of the most important aspects of special needs planning, and there are several ways to address this concern. When establishing guardianship, you can nominate a successor guardian in your estate planning documents, typically in your Last Will and Testament, who would petition the court to become guardian if you die or become unable to serve. The court will consider your nomination but isn’t required to appoint that person—they’ll evaluate whether the nominee is suitable and in your loved one’s best interest. Many families choose a sibling, other family member, or trusted friend as successor guardian, while others work with professional guardianship organizations that specialize in serving special needs individuals long-term. You can also establish co-guardianship with another person who serves alongside you and can continue if you’re unable to serve. The key is having a clear succession plan in place and discussing it with potential successors so they understand their role and your loved one’s needs. We help families create comprehensive plans that ensure their special needs loved one will always have someone legally authorized to protect and care for them.
If you have a special needs loved one who cannot make safe decisions about their own care, guardianship of the person provides the legal protection they need. Don’t wait until a crisis occurs or until they turn 18 and you lose automatic authority.
Call Strickland Law Firm today to discuss guardianship options for your special needs loved one and learn how we can help you secure the legal authority to continue protecting them.
