An adult guardianship gives a trusted person legal authority to make decisions for a grown son, daughter, parent or spouse who can no longer make those decisions safely. For New Braunfels and Comal County families, the need often shows up suddenly: a hospital will not discharge a parent without someone to sign, a bank freezes an account, or a relative with a brain injury cannot manage medications alone. A guardianship attorney can help you figure out whether a court case is truly necessary and, if it is, how to ask for only the authority your loved one needs.
Who Is an “Incapacitated” Adult Under Texas Law?
Texas does not appoint a guardian simply because someone is elderly, eccentric or making choices family members disagree with. The court must find, by clear and convincing evidence, that the adult is incapacitated. In general terms, that means a physical or mental condition substantially prevents the person from providing food, clothing or shelter for themselves, caring for their own physical health, or managing their own financial affairs.
The evidence must show a pattern, not a single bad day. Texas law looks for recurring acts or occurrences within the recent past rather than isolated instances of poor judgment. Examples that often come up:
- repeated missed medications that lead to hospital visits,
- unpaid utilities or property taxes despite enough money to pay them,
- getting lost while driving familiar roads, such as between Gruene and downtown,
- sending money again and again to phone or online scammers,
- leaving the stove on or doors open in a way that creates real danger.
A physician’s Certificate of Medical Examination is a key piece of that proof. Our page on the Certificate of Medical Examination explains what the doctor must address.
The Court Must Consider Less Restrictive Options First
Before creating a guardianship, a Texas court must find that alternatives and supports are not feasible (Tex. Est. Code § 1101.101). That means the judge will want to know whether your loved one already signed, or could still sign, documents such as:
- a statutory durable power of attorney for finances,
- a medical power of attorney,
- a directive to physicians,
- a HIPAA release,
- a supported decision-making agreement.
A representative payee can also manage Social Security benefits without a court case. If these tools can meet the need, a guardianship may be denied. If they cannot, for example because the person no longer has capacity to sign anything, or because an existing agent is misusing their authority, the case can go forward. See our overview of alternatives to guardianship before you decide.
Full vs. Limited Guardianship
Texas strongly prefers a limited guardianship. The judge tailors the order to the person’s actual abilities and lists the specific rights the ward keeps.
| Limited guardianship | Full guardianship | |
|---|---|---|
| Who it fits | Someone who can still handle some decisions | Someone who cannot make any meaningful decisions |
| Guardian’s authority | Only the powers listed in the order | All powers the law allows |
| Ward’s retained rights | Listed in the order and may be broad | Very few |
| Common example | A young adult with a mild intellectual disability | A parent in late-stage dementia |
A limited order might let a ward keep the right to choose where to worship, to make personal decisions about friends, or to have a driver’s license, while the guardian handles medical consent and money. The court can also address whether the ward keeps the right to vote.
Person, Estate or Both
Adult guardianships come in two main types, and one case can involve both:
- A guardian of the person makes decisions about care, residence and medical treatment.
- A guardian of the estate manages money, accounts, real estate and other property under court supervision.
Some families ask one person to serve in both roles. Others split them, for example asking a daughter in New Braunfels to handle day-to-day care while a financially experienced son serves as guardian of the estate. The court decides what arrangement best protects the ward.
Who Can Serve as Guardian?
Priority usually goes to the spouse, then to close family, but the decision rests on the proposed ward’s best interest. If your loved one signed a written designation of guardian before they lost capacity, the court gives that choice significant weight.
Some people are disqualified from serving. Examples include certain people with felony convictions, people whose interests are adverse to the ward, people who owe the ward money in certain situations, and anyone the court finds unsuitable. Courts commonly require a criminal history check and may require guardian training before a family member can qualify.
If family members disagree about who should serve, or about whether a guardianship is needed at all, the case may become a contested guardianship.
How Adult Guardianships Play Out for New Braunfels and Comal County Families
Where to file
Guardianship cases are filed in the county where the proposed ward lives. For a parent in Canyon Lake, Bulverde, Spring Branch or most of New Braunfels, that is Comal County, where guardianship matters are heard in the county court system. For a parent living on the Guadalupe County side of New Braunfels, or in Seguin, Schertz or McQueeney, the case may belong in Guadalupe County instead. We check the address before filing so the case starts in the right place.
Long-distance caregivers
New Braunfels has grown fast, and many families have adult children commuting along I-35 to San Antonio or Austin, or living out of state. Courts understand this. A guardian does not have to live next door, but the court will expect a realistic plan for visits, communication with care providers and timely reports.
Memory care and assisted living
As more senior housing opens around New Braunfels and the I-35 corridor, families often need a guardian’s authority to sign admission papers or apply for benefits. If dementia is the reason for the case, our page on dementia and Alzheimer’s covers the issues that come up most.
What It Means to Serve
Being appointed is the start of the job, not the end. An adult guardian takes an oath, posts a bond, and then reports to the court for as long as the guardianship lasts. A guardian of the person files an annual report on the ward’s well-being. A guardian of the estate files an inventory and annual accounts. Our page on guardian duties and reports explains these obligations.
Guardianship can also change over time. If your loved one recovers, for example after a stroke or a head injury, the court can modify the order or restore capacity.
Talk With a New Braunfels Guardianship Lawyer
If you are worried about an adult family member in New Braunfels, Canyon Lake or anywhere in Comal County, New Braunfels Family Law can help you weigh a guardianship against simpler options and explain what the court will expect from you. We offer a free consultation by phone, video or in person, and we speak Spanish. Call (830) 302-4071 to get started.
Frequently Asked Questions
Can I get guardianship of my parent without their agreement?
Yes, a court can appoint a guardian over a parent’s objection if the evidence shows incapacity and that less restrictive options will not work. Your parent will have a court-appointed attorney, can contest the case and may ask for a jury. Many families start by trying to reach an agreement first.
Does a guardianship take away all of my loved one's rights?
Not necessarily. Texas courts prefer limited guardianships, and the order lists which rights the ward keeps. A person might keep the right to choose friends or to vote, for example, while the guardian handles medical consent and finances.
Who gets priority to serve as guardian of an adult?
Texas usually gives priority to the spouse and then to close family members, but the court’s decision turns on the ward’s best interest. A person the ward named in a written designation of guardian made in advance is also given strong consideration.
Can a sibling who lives out of state be the guardian?
A nonresident can serve in Texas if they appoint a resident agent to accept service, and the court may ask how they will stay involved. Many families pair an out-of-state sibling with a local relative who handles day-to-day visits.
Can a guardianship be ended later?
Yes. If the ward’s condition improves, the ward or another interested person can ask the court to restore capacity or reduce the guardian’s powers. The ward can even start the process with an informal letter to the judge.
Last reviewed November 13, 2026. General information only, not legal advice.