GUARDIANSHIP


Guardianship is the process of taking away legal rights from a person (called the ward) and giving them to another person (the guardian).


In Texas, guardianships are almost always sought for incapacitated adults (rather than children). An individual who is significantly unable to perform the following actions due to a physical or mental condition is legally incapacitated:


There are two kinds of guardianship: guardian of the person and guardian of the estate.


1. A guardian of the person has control over the ward’s personal matters, such as housing, medical, and educational decisions.


2. A guardian of the estate has control over the ward’s property and finances. One person can serve as both a guardian of the person and of the estate.



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