Adult Guardianship Law Process in Texas

Dallas guardianship law clients want to know the steps to become guardian in Texas.  Clients are surprised to discover that Dallas guardianship cases are complex legal matters involving the probate

Why are Texas guardianship cases serious legal matters?  The probate court wants to make sure that the guardianship is needed, that the applicant is a good fit for becoming guardian, and that the guardianship is custom-tailored to the incapacitated person’s needs.

How does a Texas probate court decide guardianship is necessary?

The court will consider many factors, including the wishes of the incapacitated person.
Consider the guardianship case of Jenny Hatch (as seen in The Washington Post, Published July 17, 2013). Jenny Hatch is a 29-year-old young lady with Down syndrome. She is currently living in a group home, however would like to legally move in with her employers Kelly Morris and Jim Talbert.

In this case, the current guardians (Jenny’s parents) do not live in the same area as Jenny’s group home.  Jenny believes the group home is segregated and that it isolates her from her work and friends.

In some cases, those with intellectual disabilities are capable of living on their own. Jenny on the other hand, although capable in many ways, still lacks some critical skills such as financial reasoning and social awareness. These deficiencies may endanger her ability to become legally independent, but a legal change in guardians may meet her need for increased freedom and accessibility to her work and friends.

How does the adult Texas guardianship process work to cater to the specific needs of each incapacitated person?

Jenny’s intellectual condition requires a promise of long-term care, though she is capable of most tasks around the home and her job (with supervision).  Jenny has also made it clear that freedom and security are very important to her. It is important that her future guardians be able to cater to those needs. The longevity of everyone’s relationship prior to guardianship is significant because it allows for communication and experience with the specific needs of the ward, and what changes must be made as guardians.

To address these concerns, Texas probate courts utilize a court investigator and an “attorney ad litem” to represent the incapacitated person in court.  The Texas guardianship law process is serious.  It involves lots of court documents, interviews, and a court hearing in front of the probate judge.

Free Consultation

To ask a legal question or get legal help from a probate attorney in the Dallas, TX area, use the online contact form to the right or call (214) 302-8197. If you prefer to meet at the office in person in Richardson, TX- the guardianship attorneys will gladly offer a free consultation.

Visit for more information on anything related to Adult Texas Guardianship Law, Dallas Guardianship Attorney,  Collin County Guardianship Attorney, the Texas Guardianship Process, or the steps to become guardian in Texas, contact Dallas, Texas Probate Attorney Isaac Shutt at

Shutt Law Firm’s office is conveniently located just north of Dallas, TX and just South of Plano, TX. The law office is near the intersection of highway 75 and Campbell Road in Richardson, TX.


You can also call Mr. Shutt at (214) 302-8197 for more information on the topic discussed in this article or to discuss a different legal matter. For existing clients, quick phone-calls and brief e-mails are always free at Shutt Law Firm PLLC. Please consider the Texas probate attorneys at Shutt Law Firm if you need letters testamentary, how to serve as executor in Texas, how to probate in Dallas County Probate Courts or the Collin County Probate Court, a Texas Last Will and Testament, or you need a probate attorney in Dallas, Richardson, Plano, Allen, McKinney, Garland, Addison, TX, Collin County, or surrounding North Texas area.


DISCLAIMER: Nothing in this brief article constitutes legal advice. The information provided herein is merely provided in the spirit of education. If you have a legal question, you should consult an attorney for your specific legal situation. Further, nothing in this article shall be construed to have started an attorney-client relationship. No such relationship exists until both you and attorney Isaac Shutt sign an engagement letter with the Shutt Law Firm, PLLC.

Probate Attorney, Wills Lawyer, and Guardianship Attorney

By Isaac Shutt