In Texas, conservatorship usually applies to minor children, while guardianship applies when an adult cannot manage their own personal or financial affairs. While the terms sound similar, conservatorship and guardianship are governed by different laws and handled in different courts.
If you are facing a situation involving a child or a vulnerable adult, understanding which legal process applies can help you protect your family member and avoid unnecessary delays. A Frisco family and divorce lawyer can help explain how Texas courts apply these rules and what responsibilities come with each role.
What does conservatorship mean under Texas law?
In Texas, conservatorship is a family law concept governed by the Texas Family Code that determines who has legal rights and duties related to a child. It covers decision-making authority, not only where the child lives.
Texas courts may assign different conservatorship roles, including:
- Joint managing conservators, where both parents share major decision-making responsibilities
- A sole managing conservator, where one parent holds most decision-making authority while the other parent has limited rights
A parent who is not a managing conservator may be named a possessory conservator. A possessory conservator usually has visitation rights but does not control major decisions about the child’s education and medical care.
Conservatorship focuses on long-term decisions about a child’s personal care, education, medical treatment, and upbringing. The court’s primary concern is the child’s best interests.
How do you obtain a conservatorship in Texas?
To obtain a conservatorship, a parent or other interested party must file a petition in family court. The case is typically heard in a district court that handles family law matters.
The court looks at the child’s needs, how involved each parent is, and whether any safety issues exist. In most cases, judges favor joint managing conservatorship unless a parent’s authority needs to be limited.
The legal process can vary depending on whether the case involves divorce, custody modification, or a situation where a non-parent seeks conservatorship. Each case requires careful preparation and clear evidence focused on the child’s well-being.
What is guardianship in Texas?
Guardianship is used when a person cannot make responsible decisions due to incapacity. Guardianship cases are governed by the Texas Estates Code and handled in probate courts, not family courts.
A court may appoint:
- A guardian of the person, who makes decisions about personal care, medical treatment, and living arrangements
- A guardian of the estate, who manages financial affairs and property
The court may appoint one person to handle both roles or divide responsibilities between two people. Guardianship removes significant personal rights, which is why Texas courts require strong proof that the individual cannot manage their own affairs.
How is guardianship different from a power of attorney?
Guardianship differs from a power of attorney because it is court-ordered and closely supervised by the court. A guardian has to comply with reporting requirements and obtain court approval for many decisions.
A power of attorney can often be created voluntarily and revoked by the person who signed it. A guardianship remains in place unless a court modifies or terminates it after reviewing evidence that the person’s capacity has changed.
Guardianship limits personal independence, so courts treat it as a last resort when less restrictive options no longer provide adequate protection.
When does Texas use guardianship instead of conservatorship?
Texas typically uses conservatorship when at least one parent is available to care for a child. Guardianship may be required when both parents are deceased, parental rights have been terminated, or the case involves an incapacitated adult.
For example, parents may address custody through conservatorship while a child is under 18. If that child later becomes an adult who cannot manage their own affairs, a guardianship may be required.
How can you protect your loved one’s interests?
Taking on the role of guardian or conservator is a serious responsibility. Courts review these cases carefully to protect the person involved and make sure the appointment is appropriate.
If you have concerns about a family member, legal guidance can help you choose the right course of action and avoid mistakes that could delay protection.
To discuss your situation and learn how Texas law applies, contact Albin Oldner Law at (214) 423-5100 or contact us online to schedule a confidential consultation.
