GUARDIANSHIP OF INCAPACITATED ADULTS

Guardianship of an incapacitated adult is designed to protect adults who cannot safely manage their own personal or financial affairs due to conditions such as dementia, intellectual disabilities, brain injuries, mental illness, or other incapacitating conditions. Unlike minors (who automatically need guardians because of age), adult guardianships require the court to formally declare the person incapacitated under Texas law – meaning the individual, due to a physical or mental condition, is substantially unable to provide food, clothing, or shelter for themselves, care for their own physical health, or manage their financial affairs​ . Adult children often seek guardianship over an aging parent suffering from advanced Alzheimer’s or a similar condition, or a caregiver may seek guardianship for a disabled adult who has reached the age of 18 and can no longer be legally under a parent’s care.

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For an incapacitated adult, the court may appoint a guardian of the person, a guardian of the estate, or often both. A guardian of the person makes decisions about the adult’s personal life – such as where they will live, what medical care they receive, and ensuring their daily needs are met. A guardian of the estate handles the individual’s finances – paying bills, managing income, maintaining property, and so on. In many cases, one person (often a family member) serves in both roles as full guardian of the adult, especially if the adult is fully incapacitated and unable to make any major decisions. However, if the adult ward is capable of handling some aspects of their life, the court might grant a limited guardianship (discussed more below) so that the guardian only has authority in the specific areas where the adult truly needs help.

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Guardianship of an adult can be temporary or permanent in duration. Some incapacitated adults may recover or improve (for example, someone in a coma who later regains capacity, or an adult with a mental health issue that stabilizes). In such cases, the guardianship can be reviewed and terminated if the adult regains the ability to care for themselves. Otherwise, an adult guardianship will continue indefinitely – subject to the court’s ongoing supervision – for as long as the adult remains incapacitated. The court’s goal is to protect the adult (often referred to as the protected person or ward) from harm and exploitation, while preserving as much of their independence as possible. Courts are increasingly careful to ensure that adult guardianships are a last resort and that the adult’s rights (such as the right to vote, marry, or make basic personal decisions) are not taken away unless absolutely necessary.