Policy and Purpose of Texas Guardianship Law

Under Texas law, a court (normally a probate court) may appoint a guardian for an incapacitated person and grant the guardian either full or limited authority over that person as indicated by the incapacitated person's actual mental or physical limitations and only as necessary to promote and protect the well-being of the person. If the person is not a minor, the court may not use age as the sole factor in determining whether to appoint a guardian for the person. If the appointment is for a limited guardianship, the court must design the guardianship to encourage the development or maintenance of maximum self-reliance and independence in the incapacitated person.

In El Paso, we have one Statutory Probate Court, in January 2007 we will have two.