Seguin Guardianship Lawyer | Guadalupe County Guardianship

When someone you love can no longer manage their own care or money, you may be told you need a guardianship. Maybe your son or daughter with a disability is about to turn 18. Maybe your mother's dementia has reached the point where she can't safely pay bills or agree to medical treatment. Maybe a grandchild inherited money after a parent died. Attorney Jesus R. Lopez helps families in Seguin and throughout Guadalupe County understand their options, decide whether a guardianship is truly needed, and, when it is, take the case through court.

A guardianship is a serious step. It moves legal decision-making power from one person to another, under court supervision. Texas law requires the court to look first at less restrictive options and to leave the person with as many of their rights as possible. Our goal is the same: protect your loved one while respecting their independence.

What is a guardianship?

A guardianship is a court case under Title 3 of the Texas Estates Code. A judge appoints a guardian to make certain decisions for a person called the ward. The ward is either a minor or an adult the court finds is "incapacitated," meaning a physical or mental condition keeps them from caring for themselves, managing their property, or both.

The guardian answers to the court. They have to file reports, follow the court's orders and get permission before taking certain actions. A guardianship is not a family agreement or a form you sign; it exists only because a judge signs an order.

Who may need a guardianship?

Young adults with intellectual or developmental disabilities. At 18, a person is a legal adult, even if they can't understand medical choices, contracts or money. Parents lose the automatic right to make those decisions. See our guide on guardianship for an adult child with disabilities.
Older adults with dementia or Alzheimer's. If a parent didn't sign powers of attorney while they still had capacity, or is being exploited, a guardianship may be the only way to protect them. Read more about guardianship for a parent with dementia.
Adults after a stroke, brain injury or serious mental illness who can't make or communicate decisions.
Minors whose parents have died or can't care for them, or minors who are receiving an inheritance, life insurance or settlement money.

Types of guardianship in Texas

Guardian of the person vs. guardian of the estate

A guardian of the person handles personal decisions: where the ward lives, medical care, daily needs and well-being. A guardian of the estate manages the ward's money and property: bank accounts, benefits, real estate and bills. The court can appoint one person to both roles or split them between two people.

Full vs. limited guardianship

In a full guardianship, the guardian has all the powers the law allows, and the ward loses most legal decision-making rights. In a limited guardianship, the guardian has only the specific powers the court lists, and the ward keeps every other right. Texas law prefers limited guardianship whenever it fits. For example, a young adult may be able to decide where to work and who to spend time with but need help with medical consent and money.

Temporary guardianship

When a person faces immediate danger to their health, safety or property, the court can appoint a temporary guardian quickly, usually for a limited period while a permanent case moves forward. Learn more in our guide to temporary guardianship in Texas.

Guardianship of a minor

Parents are the natural guardians of their children's person, but not automatically of their money. A guardianship of a minor may be needed when both parents have died or can't care for the child, or when a child receives significant property. In some cases, smaller amounts can be paid into the county court's registry instead. See guardianship of a minor in Texas.

The guardianship process in Guadalupe County

Guardianship cases for Guadalupe County residents are filed with the Guadalupe County Clerk and heard by the court that handles guardianship in Guadalupe County, in Seguin. Every case is different, but most follow these steps:

Consultation and review of options. We talk about your loved one's needs and whether a power of attorney, supported decision-making agreement or other alternative could work instead.
Medical evidence. A physician examines the proposed ward and completes a Certificate of Medical Examination. The exam generally must be within 120 days before the application is filed. For a person with an intellectual disability, a determination of intellectual disability may be used.
Filing the application. The application describes the proposed ward, the type of guardianship requested, the powers needed and the reasons.
Attorney ad litem appointed. The court appoints a lawyer to represent the proposed ward. The court may also appoint a guardian ad litem to look out for the person's best interest.
Service and notice. A proposed ward who is 12 or older must be personally served with the application, and certain relatives must be notified. The application is also posted.
Background check and training. The proposed guardian usually undergoes a criminal history check, and many courts require guardian training.
Hearing. At the hearing, the court must find by clear and convincing evidence that the person is incapacitated, that a guardianship is in their best interest, that their rights or property will be protected, and that alternatives and supports and services were considered and aren't feasible. The proposed ward can ask for a jury and generally must attend unless the court excuses them.
Qualifying as guardian. After the order is signed, the guardian takes an oath, posts any required bond and receives letters of guardianship, the document that proves their authority.

For a more detailed walkthrough, read how guardianship works in Texas.

Alternatives to guardianship

Before granting a guardianship, the court must consider less restrictive options. Depending on your loved one's situation, these may include:

A statutory durable power of attorney for financial matters
A medical power of attorney and directive to physicians
A supported decision-making agreement, which lets an adult with a disability make their own choices with help from people they trust
A Social Security representative payee for benefits
A special needs trust or other trust
Joint accounts or authorized signers on bank accounts

These tools only work if the person has enough capacity to sign them, or, for a payee, if the agency agrees. Read our guides on alternatives to guardianship, supported decision-making agreements and guardianship vs. power of attorney.

What a guardian must do

Serving as a guardian is a legal responsibility with ongoing court oversight. Depending on the type of guardianship, a guardian may need to:

File an inventory of the ward's property within 30 days after qualifying (guardian of the estate)
File an annual account showing money received and spent (guardian of the estate)
File an annual report on the ward's health, living situation and well-being (guardian of the person)
Keep the ward's money separate from their own and get court approval before certain transactions, such as selling real estate
Respect the ward's rights, including the rights listed in the Estates Code's bill of rights for wards

We help guardians stay in compliance after the appointment, not just through the hearing. See duties of a guardian in Texas.

Who can serve as guardian?

Texas law gives priority to certain people, such as a spouse or close family member for an adult, or a surviving parent for a minor, and to anyone the person designated in advance. Some people are disqualified, including minors, people with certain criminal convictions, and people whose interests conflict with the ward's. A person who lives outside Texas may serve if they appoint a resident agent. Read who can serve as a guardian in Texas.

What does a guardianship cost?

We offer flat fees for many guardianship cases, with payment plans available, so you know what our legal fee will be up front. Beyond attorney's fees, a guardianship usually involves:

Court filing fees and service costs
Fees for the court-appointed attorney ad litem (and guardian ad litem, if one is appointed)
The physician's certificate of medical examination
A bond premium, especially for a guardian of the estate
Background check and training costs

In many cases, the court can order some costs paid from the ward's estate. If the family can't afford court costs, a Statement of Inability to Afford Payment of Court Costs may be an option. Learn more about the cost of guardianship in Texas.

Changing or ending a guardianship

A guardianship isn't always permanent. A ward whose condition improves can ask the court to restore some or all of their rights. The court can also modify the guardian's powers, remove a guardian who isn't doing the job, or close the guardianship when the ward dies or, for a minor, turns 18. See ending or changing a guardianship.

How Attorney Lopez helps Seguin families

Attorney Jesus R. Lopez has practiced law in Texas for over 20 years and serves families in Seguin, Schertz, Cibolo, Marion, McQueeney, New Braunfels, La Vernia, Gonzales and the surrounding area. He can help you:

Decide whether a guardianship is needed or whether an alternative will work
Prepare and file the application, coordinate the physician's certificate and handle notice
Request a limited guardianship tailored to your loved one's abilities
Seek a temporary guardianship when there's an emergency
Prepare for and attend the hearing
Meet ongoing reporting requirements, and modify or close a guardianship later
Plan ahead with a designation of guardian, will and powers of attorney (see wills and probate)

We work with families in English or Spanish, and your first consultation is free, by phone or in person.

Guardianship guides

Guardianship FAQ

How long does a guardianship take in Guadalupe County?

An uncontested guardianship often takes a few months from the first meeting to the hearing, depending on how quickly the medical certificate is completed, how long service and notice take, and the court's calendar. A temporary guardianship can be put in place much faster in an emergency. A contested case takes longer.

Can I get guardianship of my child before they turn 18?

Yes. Texas allows you to file the application after your child turns 17 so the guardianship can take effect on their 18th birthday, avoiding a gap when no one has legal authority.

Does my loved one have to go to court?

Generally, the proposed ward must attend the hearing unless the court decides their attendance isn't necessary, for example because of their medical condition. Their court-appointed attorney ad litem meets with them before the hearing and can raise any concerns.

My parent already has a power of attorney. Do we still need a guardianship?

Often not. If the powers of attorney are valid and the agent is acting properly, they may make a guardianship unnecessary. A guardianship may still be needed if the documents don't cover a needed decision, a third party refuses to honor them, or the agent is misusing their authority.

Can a guardianship be limited?

Yes, and Texas law prefers it. The court can give the guardian only the specific powers your loved one needs help with and leave them every other right, such as deciding who to visit or, in many cases, voting.

Can a family member who lives in another state be guardian?

Yes, a nonresident can serve if they otherwise qualify and appoint a resident agent in Texas to accept legal papers. The court still decides who is most suitable to serve.

Who pays for the guardianship?

It depends. The applicant usually pays up front, but the court may order reasonable costs and attorney's fees paid from the ward's estate if the application was filed in good faith and for just cause. If the ward has no money, the county may pay the attorney ad litem in some cases.

Do you handle guardianship cases in Spanish?

Yes. Attorney Lopez works with families in English or Spanish.