Guardianship Attorney in El Paso

When a loved one is unable to make decisions for themselves, whether because they are a minor or an incapacitated adult, guardianship may be necessary. A guardianship establishes a formal, court-supervised relationship that authorizes a responsible person to make decisions and act on behalf of someone who cannot do so themselves. At the office of Richard Deck, Attorney & Counselor at Law, PLLC, we help El Paso families navigate the guardianship process with the care, experience, and personal attention these sensitive matters require.

Call (915) 532-1122 today for help navigating your case.

What Is Guardianship in Texas?

Guardianship is a legal relationship created by a court in which one person, called the guardian, is granted the legal authority to make decisions for another person, called the ward. Texas guardianship law is governed by the Texas Estates Code and is designed to protect individuals who lack the capacity to care for themselves or manage their own affairs.

A guardianship can be limited or full, depending on the ward’s needs. A limited guardianship grants authority only over specific areas where the ward lacks capacity, preserving as much of their independence and autonomy as possible. A full guardianship grants broader authority when the ward’s incapacity is more comprehensive.

Texas courts take guardianship seriously. Because it involves restricting a person’s legal rights and autonomy, the process requires clear evidence that guardianship is necessary and that less restrictive alternatives are not sufficient to meet the person’s needs. An experienced guardianship attorney is essential to presenting your case effectively and ensuring the court has everything it needs to act.

Types of Guardianship in Texas

Guardian of the Person

A guardian of the person is responsible for the ward’s personal welfare. This includes decisions about where they live, the medical care they receive, their daily activities, and their overall well-being. This type of guardianship is appropriate when the ward needs someone to oversee their physical care and living situation, but may not involve significant financial assets.

Guardian of the Estate

A guardian of the estate manages the ward’s financial affairs, including income, assets, bills, and property. A guardian of the estate is accountable to the court and must file regular accountings that document how the ward’s resources are being managed. This type of guardianship is appropriate when the ward has financial assets that require management and protection.

Guardian of the Person and Estate

In many cases, a single guardian is appointed to serve in both capacities, overseeing both the ward’s personal welfare and their financial affairs. This is common when the ward’s incapacity affects both their ability to care for themselves and their ability to manage their finances.

Temporary Guardianship

When an emergency situation requires immediate legal authority to act on someone’s behalf, such as a medical crisis, a court can appoint a temporary guardian on an expedited basis. Temporary guardianship is limited in duration and scope but provides critical authority when time does not allow for the full guardianship process to be completed first.

The Guardianship Process in Texas

While every case is different, most Texas guardianship proceedings involve the steps below. Contact Richard Deck, Attorney & Counselor at Law, PLLC, to discuss your situation regarding guardianship and what these steps might look like for you.

• Filing the Application
• Court Investigation
• Court Hearing
• Ongoing Court Supervision

Elder Law Alternatives to Guardianship

As loved ones age, families often face difficult decisions about how to protect a parent or relative whose ability to manage their own affairs is declining. Before pursuing guardianship, it is worth considering whether less restrictive elder law tools were established while the person still had capacity, including:

• Power of attorney – authorizing a trusted person to manage financial and legal matters
• Medical power of attorney – designating someone to make healthcare decisions
• Directive to physicians – a living will
• Supported decision-making agreement – allowing an individual to make decisions with assistance
• Representative payee arrangement – for Social Security benefits

These documents are most effective when established while the individual still has legal capacity. If capacity has already been lost and these alternatives were never put in place, guardianship may be the only remaining option. Attorney Deck can advise families on whether alternatives to guardianship are available and appropriate for their specific situation.

Why Choose Richard Deck as Your Guardianship Attorney

Attorney Deck is a Certified Child Welfare Law Specialist, which is recognized by the American Bar Association and the National Association of Counsel for Children. His deep background in child welfare and family law directly informs his approach to minor guardianship cases, including those that intersect with CPS proceedings or contested parental rights.

The law office of Richard Deck, Attorney & Counselor at Law, PLLC, has also become uniquely experienced in complex, contested cases over the years. When a parent, family member, or the proposed ward contests the guardianship, strong legal advocacy is essential. Attorney Deck is prepared to present your case effectively and protect your loved one’s best interests.

Frequently Asked Questions

What is the difference between guardianship and conservatorship in Texas?

In the context of children, Texas family law uses the term “conservatorship” to refer to parental rights and decision-making authority. It is the equivalent of what other states call custody. “Guardianship” in Texas generally refers to a court-supervised arrangement under the Estates Code for minors or incapacitated adults when a parent or the individual themselves cannot manage their own affairs. The two are governed by different statutes and different courts.

Can more than one person serve as guardian?

Yes. Texas courts can appoint co-guardians when appropriate. However, co-guardianships can sometimes create practical complications if the co-guardians disagree, so the court will consider whether a single guardian is more appropriate for the ward’s circumstances.

Does a guardian get paid?

A guardian is entitled to reasonable compensation from the ward’s estate for their services, subject to court approval. Family members who serve as guardians often choose not to take compensation, but it is available when appropriate.

What is the difference between guardianship and power of attorney?

A power of attorney is a voluntary document signed by a person while they still have legal capacity, designating someone to act on their behalf. It can be revoked at any time by the person who signed it. Guardianship is a court-ordered arrangement imposed when a person lacks the capacity to manage their own affairs and no adequate voluntary alternatives are in place. Guardianship is more comprehensive but also more restrictive and requires ongoing court supervision.

How long does the guardianship process take in Texas?

The timeline varies depending on the complexity of the case and whether it is contested. An uncontested guardianship can sometimes be established within a few weeks to a couple of months from the date of filing. Contested cases or those involving complex medical or financial circumstances can take considerably longer. When an emergency exists, a temporary guardianship can be established much more quickly to address immediate needs.

Consult with an El Paso Guardianship Attorney Today

If your family is facing a situation where guardianship may be necessary, don’t wait to get legal guidance. Call (915) 532-1122 or contact us using the form below to schedule a consultation with Richard Deck, Attorney & Counselor at Law, PLLC.