Guardianship

Protecting Loved Ones Through Faith-Based Guardianship

At Faithful Stewardship, our primary goal is to help families plan ahead so that guardianship is never needed. Guardianship is considered a last resort because it involves taking away a person’s legal rights and placing them under the authority of a court-supervised guardian. It is only allowed when all other alternatives have been exhausted and the court determines that no less restrictive option will work.

When guardianship is necessary, it provides a loved one (the “guardian”) with the legal authority to make financial and medical decisions for an incapacitated individual (the “ward”). This authority ensures that banks, hospitals, and other institutions will honor decisions made on the ward’s behalf. But our priority is always to help you explore planning tools in advance so that you never have to go through this process unless it is absolutely unavoidable.

Texas Estates Code § 22.016 defines an “incapacitated person” as someone who:

(1) is a minor;

(2) is an adult who, because of a physical or mental condition, is substantially unable to:

(A) provide food, clothing, or shelter for himself or herself;

(B) care for the person’s own physical health; or

(C) manage the person’s own financial affairs; or

(3) must have a guardian appointed for the person to receive funds due the person from a governmental source.

How do I know I need Guardianship?

If your loved one cannot make decisions for themselves, and you have been told by a bank, hospital, or other institution that you have no authority to act for them, then guardianship may be necessary. We will first help you evaluate alternatives, and if guardianship is truly needed, we can guide you through the process of obtaining it.

Exhaustible Alternatives to Guardianship

  • Supported Decision-Making Agreements
  • Representative Payees
  • Joint Bank Accounts
  • Powers of Attorney
  • Trusts

Before guardianship can be granted, the law requires proof that less restrictive alternatives have been considered and are inadequate.

Why Choose Us?

At Faithful Stewardship, we focus exclusively on uncontested guardianships. By not handling contested disputes or litigation, we are able to offer families a lower cost than traditional litigation firms. If a disagreement arises and litigation becomes necessary, we will help connect you with a trusted litigation attorney—or step aside so you can choose the right advocate. Our goal is to give you peace of mind and value without adding unnecessary expense.
What is the process?

Guardianships come in two main types:

Guardian of the Person – Makes medical and personal decisions for the ward. This process is typically quicker and requires less oversight.

Guardian of the Estate – Manages the ward’s finances and property. This requires court accountings and greater supervision.

When Guardianship of the Estate is needed, the same process also allows for Guardianship of the Person to be added, subject to court approval, at no additional cost. We will walk you through which type—or combination—fits your situation.