Who Can Be Appointed as a Guardian in Texas?

 Posted on February 17, 2026 in Guardianship

In Texas, a guardian can be a responsible adult, family member, or qualified professional who is willing and able to care for someone who cannot manage their own personal or financial affairs. Courts focus on appointing someone who will act in the person’s best interests and protect their safety and well-being.

Guardianship is often used to protect a child without a parent available, an elderly person with memory loss, or an adult with a disability. As of 2026, Texas probate courts follow specific legal requirements before appointing a guardian to ensure the person selected is capable and trustworthy. Our Bosque County, TX guardianship lawyer helps families understand who qualifies and how courts make these decisions.

Who Has Priority To Be Appointed as a Guardian in Texas?

Texas law gives priority to certain people when appointing a guardian, especially for minors. Under Texas Estates Code § 1104.051, courts usually consider close family members first.

People commonly given priority include:

• The person’s spouse
• An adult child
• A parent
• A close relative
• A person named in a prior legal document

Courts prefer someone who already has a close relationship with the person because they are more likely to understand their needs and provide proper care.

However, priority does not guarantee an appointment. The court must still determine whether the person is qualified and suitable.

Can a Non-Family Member Serve as a Guardian in Texas?

If no family member is available or appropriate, the court can appoint someone outside the family. This may include a trusted friend, professional guardian, or qualified organization.

The court carefully reviews the person’s background and ability to serve. The goal is to ensure the guardian will act responsibly and protect the person’s interests.

This option helps ensure that vulnerable individuals still receive protection even when family members cannot serve.

What Qualifications Does a Guardian Need in Texas?

A guardian must be an adult who is mentally capable and able to handle serious responsibilities. Under Texas Estates Code § 1104.351, the court must determine that the proposed guardian is qualified and suitable.

Guardians must be able to:

• Make responsible and informed decisions.
• Manage personal or financial matters properly.
• Act honestly and in the person’s best interests.
• Follow court orders and legal requirements.

The court may review the person’s background to make sure they are capable of handling the role.

Who Cannot Be Appointed as a Guardian in Texas?

Texas law prevents certain individuals from serving as guardians to protect vulnerable people from harm. Under Texas Estates Code § 1104.352, a court cannot appoint someone who is not suitable for the role.

For example, a person may be disqualified if they have a serious criminal history, a record of abuse or neglect, or a conflict of interest that could interfere with acting in the person’s best interests. Someone may also be disqualified if they lack the ability, honesty, or judgment needed to handle the responsibilities of guardianship.

The court carefully reviews each proposed guardian to make sure the person can be trusted to provide proper care and manage responsibilities safely.

Can More Than One Guardian Be Appointed in Texas?

Texas courts can appoint separate guardians for different responsibilities. One person may serve as guardian of the person, while another serves as guardian of the estate.

This allows the court to select the most qualified person for each role. A guardian of the person makes decisions about care, housing, and medical treatment. A guardian of the estate manages finances and property.

This structure helps ensure both personal and financial needs are properly handled.

Schedule a Free Consultation With Our Johnson County, TX Guardianship Attorney

Choosing a guardian is an important legal step that affects a vulnerable person’s future. At The Law Offices of Rob Christian, we help families understand Texas guardianship laws and guide them through the process with care and attention.

If you need help establishing guardianship, contact our Bosque County, TX guardianship lawyer by calling 682-936-4003. We are available 24/7 and offer free consultations.