What is needed for me to become guardian of my older elderly brother?

Full question:

I have an elderly brother who is in a nursing home. Do I have to live in the same little town to be his guardian? I am about 4 hours away?

• Category: Guardianship
• Date: 04/07/2025
• State: Texas

Answer:

The following are Texas statutes:

§ 681 PROB. CODE. Persons Disqualified to Serve as Guardians

A person may not be appointed guardian if the person is:

(1) a minor;

(2) a person whose conduct is notoriously bad;

(3) an incapacitated person;

(4) a person who is a party or whose parent is a party to a lawsuit
concerning or affecting the welfare of the proposed ward, unless the
court:

(A) determines that the lawsuit claim of the person who has applied to
be appointed guardian is not in conflict with the lawsuit claim of the
proposed ward; or

(B) appoints a guardian ad litem to represent the interests of
the proposed ward throughout the litigation of the ward's lawsuit
claim;

(5) a person indebted to the proposed ward unless the person pays the
debt before appointment;

(6) a person asserting a claim adverse to the proposed ward or
the proposed ward's property, real or personal;

(7) a person who, because of inexperience, lack of education, or other
good reason, is incapable of properly and prudently managing and
controlling the ward or the ward's estate;

(8) a person, institution, or corporation found unsuitable by the
court;

(9) a person disqualified in a declaration made under Section 679 of
this code; or

(10) a nonresident person who has not filed with the court the name of
a resident agent to accept service of process in all actions or
proceedings relating to the guardianship.