Detailed Answer

Under Texas law, appointment as a guardian of the person does not automatically make you the guardian of the estate. The court must authorize each role separately, unless the judge expressly appoints one person to serve in both capacities.

What that means in practice:

• Guardian of the person: The court gives authority over personal and non-financial decisions for an incapacitated adult. Typical powers include decisions about living arrangements, medical care, personal needs, and services to meet daily living requirements.
• Guardian of the estate (also called guardian of the property or financial guardian): The court gives authority to manage money and property for the incapacitated person. Typical duties include collecting income, paying bills, managing bank accounts, investing funds, selling or managing property, and filing periodic accountings with the court.

Because those are distinct sets of duties, the probate court issues separate letters of guardianship for each role. If you are appointed only as guardian of the person, you do not have legal authority to handle the ward’s money or real property. To obtain that authority, you must ask the court to appoint you as guardian of the estate as well (or request a combined appointment from the start).

How to get authority over the estate:

1. File a petition with the probate court asking to be appointed guardian of the estate, or to be appointed guardian of both person and estate. The court will review capacity evidence, the proposed guardian’s qualifications, and any proposed guardian plan.
2. The court may require notice to interested persons, a hearing, and evidence such as medical or psychological evaluations about the ward’s incapacity.
3. If the court appoints you guardian of the estate, it will issue letters of guardianship (often separate from the letters for the person). You will likely need to post a bond, file an inventory of the ward’s assets, and file periodic accountings and reports to the court.

Statutory framework and where to learn more: guardianship rules and duties are set out in the Texas Estates Code and in local probate court procedures. For general background and court forms, start with these Texas government resources:

• Texas statutes site (search the Estates Code for guardianship provisions): https://statutes.capitol.texas.gov/
• Texas Judicial Branch—information and resources on guardianship and protective proceedings: https://www.txcourts.gov/programs-services/protective-services/guardianship/
• Texas Health and Human Services—guardianship basics and alternatives: https://www.hhs.texas.gov/services/aging/long-term-care/guardianship

Note: local probate courts sometimes have specific procedural rules, forms, and fee requirements. Always check the website or clerk’s office for the county where the petition will be filed.

Helpful Hints

• Do not act on the ward’s finances until you have been appointed guardian of the estate and have official letters of guardianship from the court. Banks and other institutions typically require those letters.
• If you need both roles, ask the court for a combined appointment in your initial petition to save time. The court may still appoint separately if it finds that appropriate.
• Expect to file an inventory and periodic accountings when you are guardian of the estate. Prepare to track all receipts, disbursements, and transactions carefully.
• Check whether the court will require a bond for the guardian of the estate. Bonds protect the ward’s assets and are common when a non-exempt guardian is appointed.
• Consider less-restrictive alternatives first (durable powers of attorney, health care directives, or supported decision-making) if the person is still able to grant authority and preferences.
• Attend any guardian training or orientation your county offers. It helps you understand fiduciary duties and reporting obligations.
• If other family members disagree, be aware the court will weigh conflicts, evidence of incapacity, and the proposed guardian’s suitability. Getting an attorney or mediator early can reduce conflict and speed resolution.
• Keep copies of every court order, guardianship letters, inventory, account, and correspondence. Good records protect you and the ward.
• When in doubt, contact a licensed Texas probate or guardianship attorney for advice tailored to your situation. This article is informational only and not legal advice.