Guardianship for a Parent with Dementia in Texas

Watching a parent change because of dementia or Alzheimer's is hard. At first, it may be missed bills or repeated questions. Later, it may be wandering, unsafe driving, refused medical care or a stranger suddenly "helping" with their bank account. At some point, someone needs legal authority to step in. Whether that requires a guardianship depends largely on what planning your parent did while they could, and on how much help they need now.

Signs your parent may need more protection

• Unpaid bills, utility shutoffs or bounced checks
• Unusual withdrawals, new "friends" with access to money, or scam payments
• Missed medications or refusal of needed medical care
• Getting lost, unsafe driving or leaving the stove on
• Signing contracts, loans or deeds they don't understand
• Family members disagreeing about care, or someone isolating your parent

None of these alone means your parent needs a guardian. But they're signs it's time to look at the legal tools available.

First question: what documents does your parent have?

If your parent signed a statutory durable power of attorney and a medical power of attorney before the dementia progressed, the agents named in those documents can often handle finances and health care without any court case. Check for:

• A durable power of attorney for finances
• A medical power of attorney and directive to physicians
• A HIPAA authorization
• A designation of guardian, which tells the court who your parent wants (or doesn't want) as guardian
• Joint or payable-on-death bank accounts, and any trusts

If your parent is in the early stages and still understands what these documents do, it may not be too late to sign them. A diagnosis of dementia doesn't automatically mean a person lacks the capacity to sign a power of attorney. The question is whether they understand what they're signing at the time. Read guardianship vs. power of attorney for a side-by-side comparison.

When a guardianship becomes necessary

A guardianship may be needed when:

• Your parent never signed powers of attorney and no longer has capacity to do so
• The existing documents don't cover what's needed, such as deciding where your parent lives or managing certain property
• A bank, nursing facility or agency won't accept the power of attorney
• The agent under a power of attorney is misusing it, or family members are in serious conflict
• Your parent is being exploited and needs protection a power of attorney can't provide
• Your parent refuses care that's needed to keep them safe and lacks capacity to make that choice

Guardian of the person, estate or both

A guardian of the person can make decisions about your parent's residence, medical care and daily life. A guardian of the estate manages bank accounts, retirement income, the house and bills. For a parent with dementia, families often need both, but not always. If a valid power of attorney covers finances, the court may only need to appoint a guardian of the person, or vice versa.

The court can also make the guardianship limited, giving the guardian only the powers your parent truly needs help with. In early or moderate dementia, a parent may still be able to choose visitors, take part in activities and express preferences that the guardian must consider.

How the process works

1. Medical exam. A physician examines your parent and completes a Certificate of Medical Examination, generally within 120 days before filing. The certificate explains the diagnosis and how it affects decision-making.
2. Application. For a parent living in Seguin or elsewhere in Guadalupe County, the application is filed with the Guadalupe County Clerk.
3. Attorney ad litem. The court appoints a lawyer to represent your parent and meet with them.
4. Notice. Your parent is personally served, and close relatives, such as your siblings, receive notice.
5. Hearing. The judge must find by clear and convincing evidence that your parent is incapacitated and that guardianship is in their best interest, after considering alternatives.
6. Qualification. The guardian takes an oath, posts bond if required and receives letters of guardianship.

For more detail, see how guardianship works in Texas.

Emergencies: exploitation and urgent care

If your parent's money is being drained right now, or they're in immediate danger, a temporary guardianship may be possible while the permanent case is pending. You can also report suspected abuse, neglect or financial exploitation of an older adult to Adult Protective Services, part of the Texas Department of Family and Protective Services.

When siblings disagree

Family conflict is common in dementia guardianships. One sibling may think Mom should stay home with care; another wants a memory care facility. Someone may question how Dad's money has been spent. Texas law gives priority to certain people, such as a spouse or close relatives, and to anyone your parent named in a designation of guardian, but the court's focus is your parent's best interest. Mediation can often resolve disputes about who serves and how decisions are made. See who can serve as a guardian.

Paying for care

A guardian of the estate uses your parent's money for your parent's care, following court rules and budgets. Guardianship cases often intersect with Medicaid planning for nursing home or community care. Some planning steps, such as certain trusts or property transfers, may require court approval once a guardianship is in place, so it helps to raise these issues early.

Attorney Jesus R. Lopez helps Seguin and Guadalupe County families decide whether a guardianship is needed and handles the case if it is. Learn more on our guardianship lawyer page.

Frequently asked questions

Have questions about your situation? Talk with a Seguin guardianship lawyer. Consultations are free, by phone or in person, in English or Spanish.

Related guides

This article is general information about Texas law, not legal advice for your situation. Laws change, and every case is different.