Dementia changes a family slowly, and then all at once. At first it is missed appointments and repeated questions. Later it may be unpaid bills, a car that should not be driven, or a parent who no longer recognizes a scam phone call. In New Braunfels, where many retirees have settled near the rivers and in the Hill Country communities around Canyon Lake and Garden Ridge, Comal County families face these questions every day. A guardianship attorney can help you sort out what legal tools fit your loved one’s stage of the disease.
Our firm helps adult children and spouses decide whether a guardianship is needed, or whether simpler planning will do the job. This page focuses on what is different about dementia and Alzheimer’s cases.
Why Dementia Cases Are Different
Most guardianship questions are about whether someone can make decisions. With dementia, the answer often changes over time. A person may handle groceries and friendships well while being unable to manage investments. They may be sharp in the morning and confused by evening. That has three practical consequences:
- Timing matters. The earlier a person signs planning documents, the less likely anyone can challenge them.
- Capacity is decision-specific. Texas courts look at what the person can and cannot do, not just at the diagnosis.
- A limited guardianship may fit. Texas courts prefer guardianships that remove only the rights the person can no longer exercise safely.
The Window for Planning
If your loved one has been newly diagnosed, this is the most important section on this page. While they still understand what they are signing, they can choose who will help them later. That choice is usually far better, and far cheaper, than a court deciding for them.
Key documents include:
- Statutory durable power of attorney for finances
- Medical power of attorney for health care decisions
- HIPAA authorization so doctors can talk to family
- Directive to physicians describing end-of-life wishes
- Designation of guardian naming who should serve, and who should not, if a guardianship is ever needed
We explain each of these on our powers of attorney page. If your parent is hesitant, it may help to frame these documents as a way to keep control, not give it up: they get to pick the people, instead of a judge.
Documenting capacity at signing
When dementia is already diagnosed, consider asking the treating physician to note in the chart, near the signing date, that the patient understood the nature of the documents. Signing in a calm setting, without the person who will be named as agent hovering in the room, also helps reduce later claims of undue influence.
Signs That Planning Is No Longer Enough
Powers of attorney work well when the agent is trustworthy and third parties cooperate. They can fall short when:
- The person never signed documents and can no longer do so
- The person keeps revoking or overriding the agent, or signs new papers at a stranger’s urging
- A bank or care facility refuses to honor the documents
- The person refuses needed care and is putting themselves at risk
- The agent is misusing money and no one else has authority to stop it
- The person needs to be placed in a secure memory care setting and will not agree
At that point, a guardianship may be the only way to protect them. The court must still find that alternatives and supports are not feasible, as required by Texas Estates Code § 1101.101.
How a Dementia Guardianship Works in Comal County
Guardianship applications are filed in the county where the proposed ward lives. Because the New Braunfels city limits cross into Guadalupe County, check which county your parent’s home is actually in before filing. In Comal County, guardianship matters are heard in the county court system.
The general path:
- Medical exam. A physician completes a Certificate of Medical Examination, generally based on an exam within 120 days before filing. For dementia cases, the certificate addresses the person’s cognitive abilities and whether the condition is likely to improve.
- Application. A family member or other interested person files an application describing the person’s condition and the powers requested.
- Attorney ad litem. The court appoints a lawyer to represent your parent and meet with them personally.
- Service. Your parent must be personally served with the application.
- Hearing. The judge considers the evidence and decides whether to appoint a guardian and with what powers.
- Qualification. The guardian takes an oath, posts a bond and receives letters of guardianship.
Our guardianship process page explains these steps in more detail.
Guardian of the Person, Estate or Both?
Dementia usually affects both care decisions and money. Families often ask for both types of guardianship, but you should think about each one separately.
| Need | Type of guardian | Example decisions |
|---|---|---|
| Daily care and living arrangements | Guardian of the person | Choosing memory care, consenting to treatment, managing caregivers |
| Money and property | Guardian of the estate | Paying bills, managing investments, selling a home with court approval |
If a trusted agent already handles finances under a power of attorney, the court may only need to appoint a guardian of the person. Asking for less can make the case smoother and less costly.
Protecting Your Loved One’s Dignity
A guardianship does not erase a person’s preferences. Under Texas law, a guardian should encourage the ward to participate in decisions to the extent possible and consider the ward’s wishes. In dementia cases that can mean:
- Keeping familiar routines, furniture and photos when moving to a new setting
- Respecting long-held religious and cultural practices
- Supporting visits from friends and family, unless a visit is genuinely harmful
- Letting the person make the small choices they still can, such as meals, clothing and activities
Families in our area often want to keep a parent close to home in New Braunfels rather than moving them to a facility in San Antonio or Austin. A guardian can weigh that preference against the level of care actually available.
Caring for the Caregiver
Being a guardian for a parent or spouse with dementia is demanding. You will have court reports to file, decisions to make and family members to keep informed. Read our page on guardian duties and reports before you agree to serve. Local caregiver support groups and regional agency-on-aging services can also help. Our community resources page is a good starting point.
Talk With a New Braunfels Guardianship Attorney
If a parent or spouse in New Braunfels or anywhere in Comal County is living with dementia or Alzheimer’s, call New Braunfels Family Law at (830) 302-4071. We offer free consultations by phone, video or in person, and we can help you decide whether planning documents or a guardianship is the right step now. Hablamos español.
Frequently Asked Questions
Does an Alzheimer's diagnosis mean my parent needs a guardian?
Not automatically. A diagnosis tells you about the disease, while guardianship turns on whether the person can make and carry out decisions about their care and money. Many people in the early stages can still sign planning documents and manage parts of their own lives.
Can someone with dementia still sign a power of attorney?
Sometimes. The question is whether the person understands what they are signing at that moment. People with mild or fluctuating symptoms may have clear periods. A doctor’s note close to the signing date can help if capacity is questioned later.
Can a guardian move my mother into memory care?
A guardian of the person with the right powers can decide where the ward lives, including a memory care unit, but Texas law places limits on this. The guardian must act in the ward’s best interest, consider the least restrictive setting, and report the residence to the court. Some placements require advance notice or court involvement.
What if my father is being taken advantage of financially?
Act quickly. You can contact his bank, report suspected exploitation to Adult Protective Services, and talk with a lawyer about whether a temporary guardianship is needed to stop the losses. Keep copies of any statements showing unusual activity.
My spouse has dementia. Can I just handle everything as their husband or wife?
Being married does not give you legal authority over your spouse’s separate accounts, retirement plans or medical decisions in every situation. Some joint accounts and surrogate consent rules help, but many couples still need powers of attorney or a guardianship.
Last reviewed November 13, 2026. General information only, not legal advice.