RESPONSIBILITIES OF A GUARDIAN

Being appointed as a guardian carries serious responsibilities and legal duties. A guardian in Texas has a fiduciary duty to the ward, meaning the guardian must always act in the ward’s best interests with loyalty and care. The exact responsibilities will depend on whether the guardianship is over the person, the estate, or both, but generally, guardians must:

• Provide for the ward’s care and basic needs: This includes arranging for appropriate living accommodations, ensuring the ward has food and clothing, and making sure the ward receives proper medical care and education or training as needed. Essentially, the guardian must look after the ward’s day-to-day well-being and health. For a minor, this means fulfilling a parental role; for an adult, this means making healthcare decisions, coordinating caregivers or residential facilities, and so forth.

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• Manage the ward’s finances and property (if guardian of the estate): Guardians must carefully manage any income, assets, and bills for the ward. This involves paying the ward’s expenses, safeguarding assets, and keeping finances in good order. The guardian should keep clear records of all transactions. They are not allowed to co-mingle the ward’s funds with their own or use the ward’s money for personal benefit. Every expenditure or decision about the ward’s property must be for the ward’s benefit.

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• Report to the court: Guardianships are subject to ongoing court oversight. A guardian is usually required to file periodic reports—at least annually—with the court detailing the ward’s condition and how the guardian has managed the ward’s affairs. For guardians of the estate, this includes detailed accounting of finances; for guardians of the person, this includes reports on the ward’s health and living situation. These reports help the court ensure the guardian is fulfilling their duties properly. In Collin County (as in other Texas counties), court visitors or investigators may also check on the ward’s welfare from time to time.

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• Make decisions in the ward’s best interest: Whether it’s a medical decision, educational choice, or financial investment, the guardian must always choose based on what will benefit the ward, not the convenience or benefit of the guardian. Guardians should involve the ward in decisions as much as possible, especially in a limited guardianship scenario where the ward may have input or partial capacity.

Guardians should also be aware that they can be held accountable for mismanagement. If a guardian fails to perform these duties or abuses their authority, the court can remove the guardian and even impose penalties. It’s a role that requires honesty, diligence, and compassion. Our firm advises new guardians on how to properly carry out these responsibilities so they remain in compliance with Texas law and court requirements.