We often get asked; “What are the powers and duties of guardianships of the estate?” In this blog we will lay out the general powers and duties of guardianships of the estate according the Texas Estates Code. Understanding guardianship is an important step in estate planning and preparing for your future.

But first, what is guardianship?

Guardianship is the process of removing certain rights from an incapacitated individual and awarding those rights exclusively to another person. A guardian is someone who is appointed or chosen to make legal decisions for another person who is unable to make those decisions on their own.

There are four different types of guardianships available in Texas:

• Temporary/emergency guardianship: A temporary guardianship is appointed until the court makes its decision.
• Guardian of the person, full or limited: The guardian is responsible for providing care, supervision, food, clothing, medical treatment, and shelter for their ward.
• Guardian of the estate, full or limited: The guardian is responsible for managing the property and financial affairs of their ward.
• Guardian of the person and estate: The guardian is responsible for managing the care AND property of their ward.

GENERAL POWERS AND DUTIES OF GUARDIANS OF THE ESTATE

The guardian of the estate of a ward is entitled to:

(1) possess and manage all property belonging to the ward;

(2) collect all debts, rentals, or claims that are due to the ward;

(3) enforce all obligations in favor of the ward;

(4) bring and defend suits by or against the ward; and

(5) access the ward's digital assets as provided by Chapter 2001.

(b) In the management of a ward's estate, the guardian of the estate is governed by the provisions of this title.

(c) In this section, "digital asset" has the meaning assigned by "Digital asset" means an electronic record in which an individual has a right or interest. The term does not include an underlying asset or liability unless the asset or liability is itself an electronic record. (Sec. 1151.101.) https://statutes.capitol.texas.gov/Docs/ES/htm/ES.1151.htm

In Texas, only one person may be appointed as guardian of the person or estate, but one person may be appointed guardian of the person and another person may be appointed guardian of the estate if it is in the best interest of the incapacitated person or ward.

Below you will find the general powers and duties of guardianships of the estate according to Texas Estates Code.

GUARDIANSHIP OF ESTATE DUE TO PERSONAL INJURY

We often offer guardianship services to Personal Injury Attorneys in our area. When a client is injured or incapacitated in a accident or by negligence, we are able to step in and offer resources to make sure their clients have proper guardianship of their estate. If you're a Personal Injury Attorney in the Fort Worth area in need of our attorney services, give us a call and we would be happy to help.

If you or a loved one need more detailed help with your guardianship or estate planning contact one of our professionals today. 

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