A guardian of the person is the court-appointed decision-maker for someone’s day-to-day life: where they live, what medical care they receive, and how their basic needs are met. For New Braunfels and Comal County families caring for a parent with dementia or an adult child with a disability, this is usually the role that matters most. A guardianship attorney can help you request the right scope of authority and understand what the court will expect from you once you are appointed.
What a Guardian of the Person Can Do
When the court appoints a guardian of the person, the order spells out which powers the guardian has. In a full guardianship of the person, those powers typically include:
- Residence. Deciding where the ward lives, whether at home with services, with family, in assisted living or in a nursing facility.
- Medical care. Consenting to medical, dental and psychological treatment, and choosing doctors and care providers.
- Daily care. Making sure the ward has food, clothing, hygiene, supervision and safety.
- Education and training. Making decisions about schooling, job training and day programs, especially for younger wards.
- Benefits paperwork. Applying for government benefits that relate to care, in coordination with whoever handles the money.
In a limited guardianship, the guardian has only the specific powers the court lists. Everything else stays with the ward.
What a Guardian of the Person Cannot Do
A guardian of the person is not an all-purpose agent. Some important limits:
- No control over money. Bank accounts, real estate and investments belong to a guardian of the estate, not a guardian of the person. Many families need both.
- No overriding retained rights. If the order says the ward keeps the right to vote, drive, marry or make certain personal decisions, the guardian must respect that.
- Limits on certain placements and treatment. Texas law places special restrictions on some decisions, such as committing a ward for inpatient psychiatric care or consenting to certain treatments. These generally require separate court proceedings or specific authority.
- No isolating the ward. The ward keeps important rights to communicate and visit with family and friends. A guardian can limit contact only for good reason, generally to protect the ward from harm, and the ward or relatives can ask the court to review a restriction.
Texas also has a statutory bill of rights for wards. It includes rights such as being treated with dignity, having a say in decisions where possible, and being placed in the least restrictive setting appropriate to their needs.
Living Arrangements: The Biggest Decision
Most guardians of the person spend more time thinking about where their loved one should live than about any other issue. Courts expect the guardian to:
- choose the least restrictive setting that is safe and meets the ward’s needs,
- consider the ward’s own preferences, history and routines,
- visit and monitor the ward’s care, wherever they live,
- tell the court about the living arrangement in each annual report.
For example, imagine a mother in early-stage dementia who has lived in the same Gruene neighborhood for 40 years. A guardian might first try in-home care and day programs before considering assisted living, and then move to memory care only if her safety requires it. Each step should be documented. Our page on dementia and Alzheimer’s talks more about how these transitions often unfold.
Medical Decisions in Practice
Doctors, hospitals and care facilities will ask to see your letters of guardianship before they accept your consent. Keep certified copies ready, and keep your letters current, since letters generally must be renewed as the court requires.
When making medical decisions, a guardian should:
- learn the ward’s diagnosis and treatment options,
- consider what the ward would have wanted, based on what they said and how they lived,
- involve the ward in the conversation to the extent they can participate,
- respect any valid advance directive the ward signed while competent,
- ask the court for guidance if a decision is unusual or contested among family.
If your loved one signed a medical power of attorney or directive to physicians before losing capacity, those documents may still matter. Our page on powers of attorney explains how these tools work.
Who Should Serve as Guardian of the Person?
The court picks the guardian based on the ward’s best interest. Family members usually have priority, but the court also looks at practical questions:
| Question the court considers | Why it matters |
|---|---|
| Does the person live near the ward? | Visits and monitoring are easier for someone local. |
| Do they have a good relationship with the ward? | The ward’s comfort and trust count. |
| Can they handle the reporting duties? | Annual reports must be filed on time. |
| Do they have conflicts of interest? | Adverse interests can disqualify. |
| Did the ward name someone in advance? | A written designation gets significant weight. |
Someone living in New Braunfels, Canyon Lake or Seguin who can visit regularly is often a natural fit. A family member who lives farther away can still serve, but should have a plan for staying involved, such as regular visits and good communication with facility staff.
Duties After Appointment
After the hearing, the guardian of the person takes an oath and posts a bond before letters are issued. Then the ongoing duties begin:
- Annual report. Each year, the guardian files a report describing the ward’s living arrangements, health, care, activities, and whether the guardianship should continue or change.
- Regular contact. Courts expect guardians to visit and stay informed about the ward’s condition.
- Notice of changes. The guardian may need to notify the court or interested people of significant changes, such as a move or a hospitalization.
- Restoring rights when possible. If the ward improves, the guardian should tell the court.
Our page on guardian duties and reports covers the reporting requirements in more detail.
Guardianships of the Person in New Braunfels and Comal County
In Comal County, guardianship matters are handled through the county court system. For a ward living on the Guadalupe County side of New Braunfels, the case may instead be in Guadalupe County, and reports go to that court. Either way, the guardian of the person is accountable to the court that appointed them, and that court can require more information, appoint someone to visit the ward, or modify the guardian’s powers if needed.
Comal County’s fast growth has brought more assisted-living and memory-care options to the New Braunfels area, which can help families keep a loved one close to home. As guardian, you will want to compare care levels, staffing and costs, and coordinate with whoever manages the ward’s money to make sure the placement is affordable over time.
For more about guardianship for adults generally, see our adult guardianship page.
Talk With a New Braunfels Guardianship Lawyer
If you are considering asking to be appointed guardian of the person, or you are already serving and have questions about a move or a medical decision, we can help. New Braunfels Family Law offers a free consultation for Comal County families by phone, video or in person, and we speak Spanish. Call (830) 302-4071.
Frequently Asked Questions
Can a guardian of the person move the ward into a nursing home?
A guardian of the person generally decides where the ward lives, but Texas law requires the guardian to choose the least restrictive appropriate setting and to keep the court informed. Certain placements, such as moving a ward out of state or into some types of facilities, may require advance notice or court approval.
Can a guardian of the person access the ward's bank accounts?
No. A guardian of the person has authority over care and personal decisions, not money. Managing accounts and property requires a guardian of the estate, or another legal tool such as a power of attorney signed while the person had capacity.
Can a guardian stop family members from visiting the ward?
Texas law protects a ward’s right to communicate and visit with people. A guardian can restrict contact only in limited circumstances, generally when needed to protect the ward from harm, and the court can review those decisions on request.
Does a guardian of the person need a bond?
Yes, a bond is required, but for a guardian of the person it is usually much smaller than an estate bond. The court sets the amount when it signs the order.
Can the guardian make end-of-life decisions?
A guardian of the person may be able to make many medical decisions, including some end-of-life decisions, but the law sets procedures and limits. If the ward signed a directive to physicians or medical power of attorney while competent, those documents can matter a great deal.
Last reviewed November 13, 2026. General information only, not legal advice.