Guardianship Attorneys in El Paso, TX

Trial-Depth Representation for El Paso Guardianship Matters

Guardianship is a court-supervised legal arrangement that appoints a guardian to make personal, medical, or financial decisions for someone who can no longer make them independently. El Paso families come to us when a child needs a designated caregiver, an adult with disabilities requires ongoing support, or an aging parent can no longer manage their own affairs. Without a court-appointed guardian, an El Paso County Probate Court may appoint someone whose priorities don’t reflect your family’s values.

At Spencer Trial Attorneys, P.C., we’re a family-owned practice rooted in El Paso and West Texas. Our practice spans estate planning, probate, personal injury, and criminal defense, which means we bring trial attorney depth to guardianship matters. Whether your situation involves a straightforward filing or a contested proceeding, we’re prepared to represent you through every stage. Virtual consultations are available, and we offer 24/7 contact for families who can’t wait.

Guardianship Under Texas Law

Texas law recognizes several forms of guardianship. A guardianship of the person covers personal and medical decisions. A guardianship of the estate covers financial and asset management. Courts can appoint a guardian over both, or create a limited guardianship when full authority over every decision isn’t necessary or appropriate.

Before appointing a guardian, Texas courts must find that no less-restrictive alternative adequately protects the person’s interests. Those alternatives include durable powers of attorney, medical powers of attorney, and supported decision-making agreements. When a power of attorney is already in place but is being misused or is legally insufficient, establishing guardianship may still be an appropriate path. We evaluate which approach fits your family’s circumstances before recommending a course of action.

El Paso County has two probate courts with jurisdiction over guardianship matters: Probate Court No. 1 and Probate Court No. 2. Familiarity with local court practice shapes how these cases move.

Documents Required to File for Guardianship in Texas

A complete, well-prepared filing is the foundation of a guardianship case. Before your matter reaches the court, you’ll need to gather several required documents:

Application for Guardianship
A formal request submitted to the appropriate El Paso County Probate Court identifying the proposed guardian and detailing the specific need for guardianship.

Physician’s Certificate of Medical Examination
Required by a Texas-licensed physician to establish the proposed ward’s incapacity. This is a court-specific form, not a general medical letter.

Consent or Waiver Documents
Written consent or waivers from affected parties, where applicable, to confirm no unresolved objections at filing.

Criminal Background Check
The proposed guardian must submit to a background check to help confirm suitability for the role.

Court Forms and Financial Records
Additional court-required forms, which may include inventories of the ward’s assets or financial records depending on the scope of guardianship sought.

Once the court approves the guardianship, Letters of Guardianship are issued through the El Paso County Clerk’s Probate-Civil Division. These letters define the guardian’s authority and must be renewed periodically.

Guardianship Services We Provide in El Paso

Our guardianship practice covers the full range of situations El Paso families face, from initial filings to courtroom representation.

• Legal Guardianship for Minor Children: Helps provide for a child’s care through a guardian who reflects the family’s values when parents are unable to provide that care themselves.
• Special Needs Guardianship: Addresses ongoing care, financial management, and healthcare decision-making for adult dependents with disabilities, including coordination with long-term care and long-term care planning strategies.
• Elderly Guardianship: Appoints a caregiver when aging parents or relatives can no longer manage personal or financial affairs safely.
• Contested Guardianship: A guardianship can be challenged at the initial hearing or at any point after it’s established, based on guardian suitability, necessity, or the ward’s best interests. Our trial background positions us to handle these disputes directly.
• Temporary and Emergency Guardianship: In urgent situations where immediate court action is needed to protect a vulnerable person, temporary guardianship may be available.
• Court Representation at El Paso County Probate Court: We represent clients from filing through final order, including all required hearings.

Call (915) 233-6955 to discuss your guardianship situation with one of our attorneys.