Probate Code
Each state's laws enumerate certain duties and limitations for guardians and conservators. These laws tend to be lengthy and detailed. For a comprehensive understanding of them, including relevant exceptions and requirements, the statutes themselves should be reviewed. Additionally, state laws must be read in conjunction with the order of appointment of a guardian or conservator by the judge which may further limit the guardian's powers and responsibilities.
The guardian of both the person and the estate of a ward has all the rights and powers and shall perform all the duties of the guardian of the person and the guardian of the estate.
A guardian of the person has:
(1) the right to have physical possession of the ward and to establish the ward’s legal domicile;
(2) the duty to provide care, supervision, and protection for the ward;
(3) the duty to provide the ward with clothing, food, medical care, and shelter;
(4) the power to consent to medical, psychiatric, and surgical treatment other than the inpatient psychiatric commitment of the ward;
(5) on application to and order of the court, the power to establish a trust in accordance with 42 U.S.C. Section 1396p(d)(4)(B) and direct that the income of the ward as defined by that section be paid directly to the trust, solely for the purpose of the ward’s eligibility for medical assistance under Chapter 32 (Medical Assistance Program), Human Resources Code; and
(6) the power to sign documents necessary or appropriate to facilitate employment of the ward if:
(A) the guardian was appointed with full authority over the person of the ward under Section 1101.151 (Order Appointing Guardian With Full Authority); or
(B) the power is specified in the court order appointing the guardian with limited powers over the person of the ward under Section 1101.152 (Order Appointing Guardian With Limited Authority).
(d) Notwithstanding Subsection (c)(4), a guardian of the person of a ward has the power to personally transport the ward or to direct the ward’s transport by emergency medical services or other means to an inpatient mental health facility for a preliminary examination in accordance with Subchapters A (Definitions) and C, Chapter 573 (Emergency Detention), Health and Safety Code. The guardian shall immediately provide written notice to the court that granted the guardianship as required by Section 573.004 (Guardian’s Application for Emergency Detention), Health and Safety Code, of the filing of an application under that section.
(e) Notwithstanding Subsection (c)(1) and except in cases of emergency, a guardian of the person of a ward may only place the ward in a more restrictive care facility if the guardian provides notice of the proposed placement to the court, the ward, and any person who has requested notice and after:
(1) the court orders the placement at a hearing on the matter, if the ward or another person objects to the proposed placement before the eighth business day after the person’s receipt of the notice; or
(2) the seventh business day after the court’s receipt of the notice, if the court does not schedule a hearing, on its own motion, on the proposed placement before that day.
A guardian, or an heir, executor, administrator, or assignee of a guardian, may not dispute the right of the ward to any property that came into the guardian ’s possession as guardian of the ward, except property:
(1) That is recovered from the guardian; or
(2) Which there is a personal action pending.
Tex. Estates Code § 1151.004
Tex. Estates Code § 1151.051
Tex. Estates Code § 1151.003