A Guardian is a person who is appointed by the court to manage another person's financial affairs, and/or personal decisions and personal care. A Guardian serves in a very high fiduciary position and is highly accountable to the court.

It is usually very important that any person who serves as a Guardian should have ongoing advice and counsel from an attorney who is knowledgeable in this area of the law.

This is a document that allows a person to name another person, and any successor or successors to serve a guardian of the signer, in the event the signer becomes incapable of handling one’s person, or mentally incompetent to handle one’s financial affairs. While Texas law provides for the order in which relatives have the right to serve as Guardian, the signing of such a Designation overrides the statutory order. Furthermore, and perhaps of equal significance, is that the signer of such a Designation can exclude any person or persons from serving in such position.

In Texas, there are two distinct forms of guardianship, that being Guardianship of the Person, and Guardianship of the Estate. A Guardian is appointed by a court through a guardianship process. Though one person can serve in both capacities (as is often the case), there are situations where two separate persons may serve in separate capacities.

Quite often, a previously signed Statutory Durable Power of Attorney, a Medical Power of Attorney, a HIPAA Release, and an Advance Directive (Living Will), will eliminate the need for a court appointed guardian, however, there are situations that require the appointment of a Guardian. The appointment of a Guardian terminates any prior Power of Attorney.