Guardianship covers personal decisions like health and daily care, while conservatorship is all about managing someone’s financial affairs in Texas.
At any given time in the U.S., an estimated 1.3 million people are under guardianship, showing how common these legal tools are for protecting loved ones
At Duffley Law, we guide Houston families through both processes with clarity, kindness, and flat-fee offerings. Our focus is on protecting your loved one’s best interests while keeping the legal process as simple as possible.
Key Takeaways
- Guardianship covers personal and medical decisions, conservatorship manages finances and property.
- “Guardian of the Estate” is Texas’s term for financial authority, “conservator” is used more in other states.
- Both roles require a probate court petition, hearing, and ongoing reporting, typically taking 3–6 months.
- The right setup avoids gaps in protection and prevents unnecessary court actions or costs.
Guardianship vs Conservatorship: The Main Difference in Texas
Guardianship gives someone legal authority over another person’s personal and medical decisions, while conservatorship is about managing that person’s money, property, and financial affairs. In Texas, these roles are distinct, and you may need one or both depending on your loved one’s needs.
According to the Texas Office of Court Administration, nearly 90% of new guardianship cases filed in the state are for adults, most often due to age-related conditions, illness, or disability. That means thousands of Texas families each year face the same question you may be asking now: which legal path is right for us?
What Is Guardianship in Texas?
In Texas, guardianship is a court-created relationship where a judge gives one person (the guardian) the legal authority to make certain decisions for another person (the ward) who cannot make those decisions for themselves. These decisions usually involve the ward’s health care, living arrangements, education, and other personal matters.
There are two main types of guardianship in Texas:
- Guardian of the Person: Handles personal and medical decisions, such as where the ward lives, the medical care they receive, and daily living needs.
- Guardian of the Estate: Manages the ward’s money, property, and financial obligations. This type may be necessary if the ward owns assets, receives income, or has bills that must be paid.
Texas courts require that guardianship be the least restrictive option available. Judges will only grant it when no other legal tool, such as a power of attorney or supported decision-making agreement, will adequately protect the person.
The process starts when someone files an application in the probate court. From there, the court appoints an attorney ad litem to represent the proposed ward, orders a medical or psychological evaluation, and schedules a hearing. If approved, the guardian’s duties and powers are clearly outlined in the court’s order.
At Duffley Law, we’ve guided families through guardianship petitions for everything from adult children with special needs to elderly parents with dementia.
What Is Conservatorship in Texas?
In Texas, the term conservatorship most often appears in the context of family law, where it refers to the legal rights and duties of a parent regarding their child. But in the broader guardianship conversation, especially when talking about adults, it describes a court-appointed role focused on managing someone’s financial life when they can’t do it themselves.
A conservator has the authority to:
- Pay bills and handle banking
- Manage property and investments
- File taxes and keep financial records
- Protect assets from loss or misuse
While a Guardian of the Estate in Texas handles similar responsibilities, “conservator” is still used in some legal and medical contexts, especially in other states,so you may see both terms when researching. The key distinction is that conservatorship is all about money and property, not personal care.
Texas law allows one person to serve as both guardian and conservator (or guardian of the person and guardian of the estate), but the court can also split these duties between two people to confirm the best fit for the ward’s needs.
The process to be appointed as a conservator is similar to guardianship: it requires filing an application, court review, and a judge’s appointment. In uncontested cases, it can take three to six months from start to finish in Texas probate courts.
How to Choose the Right Option for Your Loved One
Choosing between guardianship and conservatorship in Texas comes down to one key question: Is the concern about personal care, financial matters, or both?
Here’s a simple framework to help you think it through:
- Personal Care Only
- Your loved one can handle their own finances but struggles with medical, housing, or daily living decisions.
- Example: A parent with early dementia who still pays bills but forgets medical appointments.
- Likely solution: Guardian of the Person.
- Finances Only
- Your loved one is healthy and independent in daily life but can’t manage money or protect assets.
- Example: An adult child with a disability who can live alone but needs help paying bills and managing a trust.
- Likely solution: Conservatorship (or Guardian of the Estate in Texas).
- Both Personal and Financial
- Your loved one struggles in both areas, needs help making safe decisions, and managing money.
- Example: A spouse recovering from a severe brain injury.
- Likely solution: Guardian of the Person and Estate (may be the same person or two different people).
Texas Court Process for Guardianship and Conservatorship
Both guardianship and conservatorship in Texas begin with a court petition and end with a judge formally appointing someone to serve in the role. While the details vary by county, here’s what you can expect:
1. Filing the Application
A family member, friend, or another interested party files an application in the county probate court. Filing fees usually range from $250 to $400, depending on the county. In more complicated cases, the total cost to establish guardianship can run $3,000 to $10,000+.
2. Appointment of an Attorney Ad Litem
The court will appoint an attorney ad litem to represent the proposed ward’s interests. This makes sure the person’s rights are protected throughout the process.
3. Medical or Psychological Evaluation
A licensed doctor or mental health professional evaluates the proposed ward and provides a written report to the court. This step is required to confirm the need for guardianship or conservatorship.
4. Notice to Family Members
Texas law requires that certain relatives receive formal notice of the court proceedings. This allows them to attend the hearing or raise objections.
5. Court Hearing
At the hearing, the judge reviews evidence, hears testimony, and determines whether guardianship or conservatorship is necessary, and, if so, what powers to grant.
6. Appointment and Issuance of Letters
If approved, the judge signs an order and issues “Letters of Guardianship” or “Letters of Conservatorship” authorizing the appointed person to act
7. Ongoing Duties and Reporting
Once appointed, guardians and conservators must follow strict court reporting requirements. According to the Texas Judicial Branch, 41% of guardianship cases reviewed in 2022 were found to be out of compliance, often due to missed reports. Staying on top of these duties is essential to keeping your authority in place.
Ready to Protect Your Loved One’s Future?
The choice between guardianship and conservatorship in Texas is deeply personal. The right decision can protect your loved one’s safety, dignity, and financial security for years to come. The wrong one can leave gaps, create family conflict, or cause costly delays.
At Duffley Law, we take the time to understand your family’s needs before we ever file a form. You’ll know exactly what to expect from start to finish. We guide you through every step, filing the petition, preparing for court, and staying compliant afterward, so you can focus on care, not court deadlines.
If you’re ready for clear answers and a plan that truly fits your situation, call Duffley Law today or use our contact page to schedule your free consultation. Let’s protect what matters most, together.