General Conservatorship in Texas

Background

“The Texas Estates Code grants authority to a probate court to appoint a guardian for an incapacitated person; by statute, [t]he court shall appoint a guardian for an incapacitated person . . . according to the circumstances and considering the incapacitated person's best interests.” (See In re Wooley, No. 02-14-00315-CV, at *7 (Tex. App. June 2, 2016).)

Additionally, “the Texas Probate Code confers jurisdiction on county courts to appoint guardians for incapacitated persons.” (See In re Guardianship of Erickson (2006) 208 S.W.3d 737, 740.)

General Information for Complaints and Motions

“Both the probate courts and district courts have jurisdiction to issue temporary orders.” (See Cruz v. Scanlan (1984) 682 S.W.2d 422.)

“Tex.Prob Code Ann. sec. 131 (Vernon 1980) authorizes probate courts to appoint temporary guardians.” (See id.)

“Similarly, Tex.Fam Code Ann. sec. 11.11(a)(1) (Vernon Supp. 1984) gives the district courts authority to issue orders for temporary conservatorship.” (See id.)

“Guardianship of the person is essentially a managing conservatorship.” (See id.)

Standard of Review and Burdens of Proof

“The trial court is afforded great discretion when determining conservatorship, and we review the trial court's decision for an abuse of discretion.” (See In re J.M.M., No. 13-20-00086-CV, at *9-10 (Tex. App. Oct. 21, 2021); Gillespie v. Gillespie (1982) 644 S.W.2d 449, 451.)

“Generally, a trial court abuses its discretion when its decision is arbitrary, unreasonable, or without reference to any guiding rules or principles.” (See In re J.M.M., No. 13-20-00086-CV, at *9-10 (Tex. App. Oct. 21, 2021).)

“A trial court also abuses its discretion when it clearly fails to correctly analyze or apply the law.” (See id.)

The Court’s Decisions

It is well settled that “the guardian of a mentally incompetent person has the same powers and duties as does the managing conservator of a minor.” (See Little v. Little (1979) 576 S.W.2d 493, 495 (Tex. Civ. App. 1979)

It is also well settled that “a managing conservator is a party appointed by court order with parental rights and duties to a child." (See In re J.M.M., No. 13-20-00086-CV, at *9-10 (Tex. App. Oct. 21, 2021).)