Houston Guardianship Attorney Whitney L. Thompson Clarifies Who Can Serve as a Guardian in Texas
Houston, Texas – Whitney L. Thompson, a Houston guardianship attorney and principal of The Law Office of Whitney L. Thompson (https://www.wthompsonlaw.com/who-can-serve-as-a-guardian-in-texas/), is providing clear guidance to families on who may serve as a court-appointed guardian under Texas law. The overview explains eligibility, disqualifying factors, and practical considerations for selecting a guardian, with the goal of promoting the least restrictive, most protective arrangements for vulnerable adults and minors.
Texas courts appoint guardians only when less restrictive alternatives are insufficient and the proposed ward is found legally incapacitated. A Houston guardianship attorney can help families evaluate options such as powers of attorney, supported decision-making agreements, and representative payees before pursuing guardianship. When a guardianship is necessary, courts look first to qualified relatives, then to other suitable candidates who can safeguard the ward’s health, safety, and estate. The Texas Estates Code requires an adult guardian, a clean record with respect to crimes of dishonesty or violence, and the absence of disabling conflicts of interest. Financial stewardship is a central factor, particularly for a guardian of the estate, and may include bonding and periodic accountings to the court.
In outlining preferences, disqualifications, and practicalities, Thompson highlights the roles of guardian of the person, guardian of the estate, full guardianship, and limited guardianship. Limited arrangements remain common where a ward can still make certain decisions, preserving independence while protecting essential interests. Courts frequently prefer a single guardian for each role, yet they may appoint co-guardians in narrow circumstances permitted by statute, or split responsibilities between a guardian of the person and a guardian of the estate when that configuration better serves the ward. For families considering these options, a Houston guardianship attorney offers case-by-case guidance that aligns with statutory priorities and the ward’s specific needs.
Eligibility remains as important as suitability. Candidates must be capable of carrying out day-to-day duties, from coordinating medical care to managing property and paying obligations on time. Prior convictions for fraud, theft, domestic violence, or similar offenses often foreclose appointment. Conflicts of interest, such as significant creditor relationships or competing financial stakes, can also disqualify an applicant. Where relatives disagree or where major assets are involved, courts may look to a neutral third party to reduce friction and protect the ward’s estate. Out-of-state candidates can serve if otherwise qualified; they typically designate a registered agent in Texas and comply with bonding and reporting requirements, demonstrating a reliable plan for travel, oversight, and ongoing communication with local providers.
Texas courts remain focused on best-interest principles for minors and incapacitated adults. Parents commonly serve as guardians for minor children, and spouses or adult children are prioritized for elderly adults who face cognitive decline, serious illness, or heightened risk of exploitation. When no family member is both eligible and appropriate, courts consider trusted non-relatives or professional guardians who can deliver steady, accountable care. Throughout the process, documentation, timely filings, and court supervision provide the structure that protects rights, promotes dignity, and supports long-term stability.
About The Law Office of Whitney L. Thompson:
The Law Office of Whitney L. Thompson is a Houston-based firm serving clients across the Greater Houston area and throughout Texas. The firm handles guardianship, probate, estate planning, elder law, and related family-protection matters, guiding clients through court procedures and long-term planning with clarity and care. The practice supports families seeking tailored solutions that protect loved ones and preserve assets across generations. For consultations, call (281) 214-0173 or visit the firm’s website to schedule an appointment.
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Company Name: The Law Office of Whitney L. Thompson, PLLC
Contact Person: Whitney L. Thompson
Email: Send Email
Phone: (281) 214-0173
Address:4201 Farm to Market 1960 Rd W Suite 360, Box #116B
City: Houston
State: Texas 77068
Country: United States
Website: https://www.wthompsonlaw.com/
