Can a Louisiana resident be a guardian for their mother in Texas?

Full question:

Is it possible for a person from Louisiana be the legal Guardian of their mother in Texas?

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

Answer:

In Texas, a court can appoint a guardian for a person who is mentally or physically unable to make decisions. This guardian can be responsible for the person (guardian of the person) or their financial matters (guardian of the estate), or both. However, certain individuals are disqualified from being guardians in Texas, including: minors, incapacitated persons, debtors of the ward, nonresidents of Texas, and those involved in lawsuits affecting the ward's welfare.

To establish a guardianship, anyone can submit an application to the appropriate county court. This application must include:

1. The proposed ward's name, date of birth, gender, and social security number;
2. The proposed guardian's name, address, social security number, and relationship to the ward;
3. The names and addresses of the ward's relatives, such as spouse, children, and siblings;
4. The type of guardianship sought and its proposed duration;
5. The name and address of any institution or person with a custodial or guardianship relationship with the ward;
6. A description and value of the ward's property;
7. The facts explaining the need for guardianship, including the nature and degree of incapacity.

Typically, a family member or close friend submits this application due to concerns about the person's ability to manage their affairs. The court must find that it has jurisdiction, that the ward is incapacitated, that the guardian is eligible, and that the guardianship is necessary to protect the ward or their estate. The court will also consider the ward's preferences when appointing a guardian. If the ward is only partially incapacitated, a limited guardianship may be established, granting the guardian specific powers.