Estate Planning to Avoid Texas Guardianship 

 Posted on June 10, 2025 in Elder Law

The prospect of a guardianship being set up to make decisions about your life could be unnerving and concerning. Guardianship can also be time-consuming, expensive, and potentially stressful for families who may already be struggling with a difficult situation if you have been incapacitated and are unable to make decisions. This is where careful estate and long-term care planning can make a big difference to help you avoid guardianship in the first place and maintain control over your future. An experienced Denton County, TX elder law attorney can help you devise an estate plan that avoids guardianship. 

What Is Guardianship?

Guardianship is a legal relationship that occurs after a court appoints someone to make decisions about health care, finances, or daily living needs for a person who is no longer able to make them on their own. While guardianship is sometimes necessary, it can also create problems. The process involves court hearings, attorney fees, and ongoing supervision. It can also take control away from your loved ones and give it to someone the court chooses, not necessarily the person you would have wanted. 

The two main types of guardianship are guardian of the person, where the guardian has control over personal matters, and guardian of the state, where the guardian has control over property and finances. 

What Estate Planning Tools Can Help Avoid Guardianship?

Statutory Durable Power of Attorney

This document lets you name someone to handle your financial matters if you become incapacitated. That person can pay bills, manage bank accounts, file taxes, and more. 

Medical Power of Attorney

This gives someone the authority to make health care decisions on your behalf if you cannot make them for yourself. You choose the person you trust most to make medical choices that reflect your values and wishes.

Trust Planning

Revocable living trusts offer another layer of protection against guardianship. If you become incapacitated, your chosen successor trustee can step in immediately to manage trust assets without court involvement. This seamless transition helps avoid guardianship control over these assets. 

Advance Directives

Also called a living will, this document states your wishes about end-of-life medical care. It can guide your loved ones and doctors when you are no longer able to express your preferences.

Declaration of Guardian

This allows you to name the person you would want as your guardian if a court ever needed to appoint one. It also lets you state who you do not want in that role, giving you more control over your future care.

Call a Denton County, TX Elder Law Attorney

At Colbert Law Group PLLC, attorney Stephen Colbert focuses his practice on estate planning and elder law, helping older individuals make a plan for the next phase in life. When you have concerns about being subject to guardianship, our experienced Flower Mound, TX elder law attorney can structure your estate plan to help avoid that prospect. Call the law firm at 972-724-3338 to set up a consultation.