When someone you love can no longer manage their own health care, living situation or money, the questions arrive quickly. Who can talk to the doctors? Who can pay the mortgage? Who decides whether it is safe for them to keep living alone? For families in New Braunfels and across Comal County, a Texas guardianship is the court process that answers those questions when nothing else will, and a guardianship attorney can help you decide whether it is the right tool.
At New Braunfels Family Law, our team helps families in New Braunfels, Canyon Lake, Seguin, San Marcos, Boerne and the surrounding area decide whether guardianship is truly needed, and then carry the case through the court with as little strain as possible.
What a Guardianship Does
A guardianship is a court order. It appoints a person, called the guardian, to make decisions for another person, called the ward, who has been found unable to make some or all of those decisions alone. Texas guardianship law is found in Title 3 of the Estates Code.
Guardianship is not a private family agreement. The court:
- decides whether the person is incapacitated,
- chooses who serves as guardian,
- sets which powers the guardian has and which rights the ward keeps,
- and supervises the guardian through bonds, reports and accountings for as long as the guardianship lasts.
Guardianship Is Supposed to Be a Last Resort
Texas law requires the court to look at less restrictive options first. Before creating a guardianship, the judge must find that alternatives and supports, such as a power of attorney or a supported decision-making agreement, are not feasible (Tex. Est. Code § 1101.101). When a guardianship is needed, the court favors a limited guardianship that leaves the ward with every right they can still exercise.
So part of our job is to ask honestly whether your family needs a guardianship at all. Sometimes the answer is a well-drafted power of attorney, a representative payee for Social Security, or a supported decision-making agreement. You can read more about these options on our page on alternatives to guardianship.
Common Situations We See
An aging parent with memory loss
A parent with Alzheimer’s or another form of dementia may start missing bills, falling for phone scams, or wandering. If no powers of attorney were signed while they still had capacity, an adult guardianship may be the only way to protect them.
A young adult with a disability turning 18
At 18, a son or daughter with an intellectual or developmental disability becomes a legal adult, and parents lose automatic authority over medical, school and financial decisions. Texas lets families file during the 180 days before the 18th birthday so a guardianship can be ready when it is needed. Our page on turning 18 walks through the timing.
A child who needs someone other than a parent
When parents have died or cannot care for a child, or when a child inherits money or receives a settlement, a guardianship of a minor may be needed for the child’s person, the child’s estate, or both.
Two Kinds of Authority
| Type | What it covers |
|---|---|
| Guardian of the person | Care, residence, medical decisions and day-to-day well-being |
| Guardian of the estate | Money, bank accounts, real estate, benefits and other property |
One person can hold both roles, or the court can split them between two people. Either role can be full or limited. Learn more about a guardian of the person and a guardian of the estate.
What the Court Process Involves
Every Texas guardianship follows a set of required steps. The main pieces are:
- An application filed in the county where the proposed ward lives.
- A Certificate of Medical Examination from a physician, generally based on an exam within 120 days before filing.
- An attorney ad litem appointed by the court to represent the proposed ward.
- Personal service of the proposed ward with the application.
- A hearing where the judge decides incapacity, the scope of the guardianship and who will serve.
- Qualification, which means the guardian takes an oath and posts a bond before letters of guardianship are issued.
If someone is in immediate danger, a temporary guardianship may be available while the full case moves forward.
Local Notes for Comal County Families
Guardianship cases are filed where the proposed ward lives. In Comal County, guardianship matters are heard by the county court system rather than the district courts that handle divorces. Because part of New Braunfels lies in Guadalupe County, a parent living on the east side of town may need to file in Seguin instead. We confirm the correct county and court before anything is filed. For more on local practice, see our Comal County guardianship overview.
Talk With a New Braunfels Guardianship Lawyer
Whether you live in New Braunfels, elsewhere in Comal County or just across the line in Guadalupe County, and whether you are worried about a parent, planning ahead for a teenager, or already serving as a guardian and unsure about your next report, we can help you sort out the options. We offer a free consultation by phone, video or in person, and se habla español. Call (830) 302-4071 to talk through your family’s situation.
Guardianship topics
Adult Guardianship
When an adult can no longer make safe decisions, here is how Texas courts decide incapacity, choose a guardian and limit the guardian's powers.
Read more →Guardianship of a Minor
When a child needs a court-appointed guardian for their care or their money, and when a family law case is the better route.
Read more →Turning 18
What changes legally at 18 for a young adult with a disability, and how to plan for guardianship or an alternative before the birthday.
Read more →Guardianship Process
From the application to letters of guardianship, here is what happens at each stage of a Texas guardianship case.
Read more →Medical Examination
Why the physician's certificate matters, what it must say, and how to avoid the timing and content problems that delay guardianship cases.
Read more →Attorney Ad Litem
Who the attorney ad litem represents, how they differ from a guardian ad litem, and how to work with them in a guardianship case.
Read more →Guardian of the Person
The powers and limits of a guardian of the person, including medical consent, residence decisions and the ward's retained rights.
Read more →Guardian of the Estate
How a guardian of the estate takes control of a ward's money, what needs court approval, and how bonds and accounts protect the ward.
Read more →Duties and Reports
A practical guide to what Texas guardians must file, when it is due, and how to stay in good standing with the court year after year.
Read more →Temporary Guardianship
How Texas courts appoint a short-term guardian when an adult or child faces imminent danger, and what happens after the emergency.
Read more →Contested Guardianship
What happens when a family member, or the proposed ward, objects to a Texas guardianship, and how these disputes are resolved.
Read more →Dementia & Alzheimer's
How families in Comal County can plan ahead for dementia, and when a Texas guardianship becomes necessary for a parent or spouse.
Read more →Alternatives
Powers of attorney, supported decision-making, trusts, representative payees and other Texas options that may avoid a full guardianship.
Read more →Supported Decision-Making
How Texas supported decision-making agreements work, who they help, and when they can replace a guardianship for an adult with a disability.
Read more →Powers of Attorney
The five Texas planning documents that can prevent a guardianship: durable POA, medical POA, HIPAA release, directive to physicians and designation of guardian.
Read more →Restoration of Capacity
How a Texas ward, or someone on their behalf, can ask the court to end or narrow a guardianship and regain legal rights.
Read more →Removing a Guardian
The grounds Texas courts use to remove a guardian, how to raise concerns, and what happens when a successor guardian is appointed.
Read more →Cost of Guardianship
The main cost drivers in a Texas guardianship, who usually pays them, and practical ways Comal County families can keep costs reasonable.
Read more →Frequently Asked Questions
What is a guardianship in Texas?
It is a court order that gives one person legal authority to make certain decisions for someone who cannot make them alone. The authority can cover personal care, finances or both, and the court supervises the guardian for as long as the guardianship lasts.
Do I need a guardianship if my parent has dementia?
Not always. If your parent signed a durable power of attorney and a medical power of attorney while still able to, those documents may be enough. Guardianship becomes necessary when no valid documents exist, the documents do not cover what is needed, or someone is misusing them.
Where do I file a guardianship case for someone who lives in New Braunfels?
Generally in the county where the proposed ward lives. Because New Braunfels sits in both Comal and Guadalupe counties, the person’s actual address decides which county’s court hears the case.
Last reviewed November 13, 2026. General information only, not legal advice.