Interstate Guardianship Issues for New Texas Residents

 Posted on April 28, 2025 in Guardianship

Guardianship issues within a single state can be challenging on their own. If you have a settled guardianship, you may face significant differences and requirements when relocating to Texas.  A guardian is a person appointed by the court to manage the personal and/or financial issues of a person who is unable to do so on their own as a result of incapacity. "incapacity" could be because the individual is a minor, elderly, has an incapacitating illness or injury, or is a person with disabilities.

Guardians are charged with the highest standard of care, known as a fiduciary duty. This means the guardian must always act in the best interests of the person under the guardianship (the "ward"). If you have recently moved to Texas, you may have questions about an already settled guardianship. Speaking to a knowledgeable Bosque County, TX estate planning attorney can help you figure out these issues in the best way possible.  

What Responsibilities Do Guardians Have?

Guardianship involves a variety of responsibilities, depending on the specific circumstances of the ward.  A guardianship may be limited in duration, scope, and level of court involvement or more expansive. The responsibilities of a guardian will differ from one situation to another, but may include:

• Make general decisions about the ward's health.
• If the ward is a minor, make educational decisions on his or her behalf.
•  Sign legal documents on behalf of the ward.
•  Select an appropriate living situation for the ward, typically for a minor or an individual with a disability.
• Grant, withhold, or withdraw consent to specific medical treatments.
•  Consider the ward’s known desires and personal values when making decisions on behalf of him or her.
• Manage the assets of the ward and keep detailed records of all income, disbursements, and liabilities.
•  Report to the court and other interested parties.
• File any required tax returns on behalf of the ward.

Understanding Interstate Guardianship Issues

The Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act (UGCOPAA) can help guardians understand interstate guardianship issues. This Act attempts to provide a consistent interstate legal framework; however, Texas has not yet adopted the UGCOPAA, so specific Texas steps must be followed when transferring guardianship. The transfer process includes:

•  Filing a petition with a Texas court to transfer guardianship to Texas that includes the original guardianship from the other state, a statement that details how the ward’s best interests are served by the transfer, and any necessary consent forms.
• Attending a court hearing that involves the review of the petition and a Judge’s determination of whether the transfer is in the best interests of the ward. Financial statements, medical reports, and other relevant documents may be required for this hearing.
• Finalizing the transfer of guardianship to Texas, which includes ensuring all procedural requirements and Texas guardianship laws are properly met.

Considerations When Making a Move to Texas with a Ward

A ward that requires significant medical care or has extensive medical needs can result in financial and logistical challenges. Moving to a new state involves travel costs, new housing arrangements, and changes in healthcare providers, all of which require time and money. A detailed budget of these expenses is necessary to ensure continuity of care. Finding new healthcare providers and schools can involve time and effort if the guardianship is for a minor.

Contact a Parker County, TX Estate Planning Lawyer

Guardianships can be complex under the best circumstances. Those moving to Texas must ensure they understand all the requirements and can have guardianship transferred to the state with minimal service interruptions. Speaking to an experienced Johnson County, TX estate planning attorney from The Law Offices of Rob Christian can make the transition as smooth as possible. To schedule your free consultation, call 682-936-4003.