Guardianship Law

• This page details the laws governing Guardianship under the Texas courts. Please call and speak with Kevin Sralla, a San Antonio family lawyer, we can also set up a free consultation to discuss your situation in person.

Under Texas law, guardianships are court-supervised relationships involving minors and incapacitated adults. Generally, a guardianship involves the appointment of someone by a Texas Probate Court to manage the assets of the minor or incapacitated person. They should be avoided wherever possible and are generally only needed in a family law context if a child has money or property that needs to be protected during a divorce proceeding. Guardianships, when in play, involve extensive lawyer and court involvement. The guardian must submit annual accountings to the Court and follow restrictions on how the money may be spent or invested.

Guardianships are only appropriate as a last resort where there are no trustworthy individuals available to act as an informal trustee of the funds. The guardian must be bonded to guarantee his/her fiduciary responsibility to the subject of the guardianship. All activities of a guardian are subject to court oversight and control, resulting in annual reviews and periodic monitoring.

Contact Kevin “Buck” Sralla, an experienced family law attorney, for assistance with your guardianship matter today.