Watching a loved one struggle with a disability that prevents them from making safe decisions about their own care is heartbreaking. Whether it’s an adult child with intellectual disabilities, a sibling with severe mental illness, or a family member whose condition has progressed to the point where they can no longer protect themselves, you want to help but aren’t sure you have the legal authority to make medical decisions, choose where they live, or protect them from harm.
That’s where guardianship of the person comes in. This legal arrangement gives you the court-approved authority to make personal, medical, and care-related decisions for someone who cannot make these decisions themselves due to a disability. At Strickland Law Firm, we understand that seeking guardianship isn’t about taking control—it’s about protecting someone you love and ensuring they receive the care and dignity they deserve.
We’ve helped countless Houston families navigate the guardianship process with compassion and clarity. Our role is to make the legal process as smooth as possible so you can focus on what matters most: caring for your loved one.
In Texas, guardianship of the person is a legal relationship created by the court when an individual (the “ward”) is determined to be incapacitated and unable to make decisions about their own personal care, safety, and well-being. As guardian of the person, you have authority to make decisions about medical treatment, living arrangements, personal care, and daily activities—but not financial matters, which fall under guardianship of the estate.
The Texas Estates Code requires clear and convincing evidence that the proposed ward lacks the capacity to make decisions about their own physical health and safety. The process involves filing an application with the Harris County Probate Court, obtaining medical evaluations, notifying family members, and appearing before a judge. The court can create limited guardianships that give you authority over specific decisions while allowing your loved one to retain other rights, ensuring the least restrictive arrangement that still provides necessary protection.
We’ve successfully guided hundreds of families through guardianship proceedings in Harris County, and we understand the emotional weight you’re carrying. When you work with us, we:
You receive not just legal representation, but a partner who understands the emotional complexity of protecting a vulnerable loved one while honoring their autonomy to the greatest extent possible.
Guardianship becomes necessary when an adult cannot make safe decisions about their own care due to intellectual disabilities, developmental disabilities, mental illness, traumatic brain injury, dementia, or other conditions that impair judgment. Common scenarios include adult children with Down syndrome or autism who need ongoing support, individuals with schizophrenia who cannot manage their treatment, adults who have suffered strokes resulting in cognitive impairment, and elderly individuals with advanced Alzheimer’s who no longer recognize danger.
Before pursuing guardianship, Texas law requires consideration of less restrictive alternatives like Medical Power of Attorney or supported decision-making agreements. However, many individuals with lifelong disabilities never had the capacity to create these documents, making guardianship the only option for providing necessary legal authority to protect them.
Establishing guardianship requires filing an application with detailed information about the proposed ward, their disability, why guardianship is necessary, and why you’re the appropriate guardian. The court appoints an attorney ad litem to represent the proposed ward’s interests and investigate whether guardianship is truly necessary. You’ll need medical evidence from a physician who has examined the proposed ward within 120 days of filing.
Once guardianship is granted, you’ll have ongoing responsibilities including making decisions in your ward’s best interest, visiting regularly, ensuring proper care, and filing annual reports with the court describing their living situation, condition, and services received. These responsibilities are serious but deeply meaningful—you’re protecting someone you love and ensuring they receive the care, respect, and dignity they deserve.
We understand that seeking guardianship for a loved one with disabilities is one of the most emotionally difficult legal processes you’ll ever face. You’re dealing with grief over lost abilities, worry about the future, and the weight of taking on significant responsibility. We’ve worked with families through every variation of these challenges in Harris County Probate Court.
At Strickland Law Firm, we believe in personalized service and clear communication. We’ll explain every step in plain English, answer your questions with patience, and provide realistic guidance about timelines and expectations. You’ll have direct access to your attorney, not just paralegals or assistants, with transparent flat-fee pricing so you never face surprise legal bills during an already stressful time.
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The guardianship process typically takes between two to four months from the time you file the application until the court hearing, though complex cases or family disputes can extend this timeline. Several factors affect how quickly the process moves forward, including court scheduling, the availability of the attorney ad litem who must investigate and report to the court, how quickly medical evaluations can be completed, and whether anyone contests the guardianship. Emergency temporary guardianships can be established more quickly when there’s an immediate threat to the proposed ward’s health or safety, but these are temporary measures that still require a full hearing for permanent guardianship. We work diligently to move your case forward as efficiently as possible while ensuring all legal requirements are properly met.
Guardianship of the person gives you authority to make decisions about the ward’s physical care, medical treatment, living arrangements, and personal well-being, but does not include control over their money or property. Guardianship of the estate, by contrast, deals exclusively with financial matters such as managing bank accounts, paying bills, handling investments, and protecting assets. Many individuals with disabilities need both types of guardianship, which can be held by the same person or divided between two different guardians depending on what’s best for the ward. The court evaluates each type of guardianship separately based on the proposed ward’s specific needs and capabilities, so it’s possible to be granted one without the other if that provides appropriate protection.
Yes, guardianships in Texas can be modified or terminated if circumstances change and the ward regains capacity to make their own decisions about personal care and safety. The ward, their attorney, a family member, or even the guardian can file a petition with the court requesting modification to a more limited guardianship or complete termination. The court will require evidence, typically medical testimony, showing that the individual has regained sufficient capacity to manage their personal affairs safely. This most commonly occurs with individuals who experienced temporary conditions, such as recovery from traumatic brain injury or successful treatment of mental illness. Additionally, guardianships can be modified to expand or reduce the guardian’s authority based on changes in the ward’s needs, ensuring the arrangement remains appropriate for their current level of functioning.
Family disputes are unfortunately common in guardianship cases, often arising from different perspectives on the proposed ward’s needs, denial about the severity of their condition, or concerns about who should have decision-making authority. When family members contest a guardianship application, the court takes these objections seriously and the attorney ad litem will investigate thoroughly before making recommendations to the judge. The court’s primary concern is always what’s in the best interest of the proposed ward, not what family members want. If multiple people want to serve as guardian, the court will consider factors such as who has the closest relationship with the proposed ward, who is best able to meet their needs, and any preferences expressed by the ward. We help families navigate these sensitive situations with professionalism and focus on presenting clear evidence about what arrangement will best protect the individual who needs guardianship.
The total cost of establishing guardianship includes both court filing fees and attorney fees, and can vary depending on the complexity of your case. Harris County Probate Court charges filing fees for the guardianship application, and there are additional costs for the court-appointed attorney ad litem who represents the proposed ward’s interests. At Strickland Law Firm, we believe in transparent flat-fee pricing rather than hourly billing, which means you’ll know the total cost upfront without worrying about the meter running every time you call with a question. The specific fee depends on whether the guardianship is contested, how many family members are involved, whether temporary emergency guardianship is needed, and the complexity of medical evidence required. During your free consultation, we’ll discuss your specific situation and provide clear pricing information so you can make informed decisions about moving forward.
If someone you love can no longer make safe decisions about their own care due to a disability, guardianship of the person may be the legal protection they need. The process can feel overwhelming, but you don’t have to face it alone.
Call Strickland Law Firm today to discuss guardianship options for your loved one and learn how we can help you provide the protection they deserve.
