University Park families plan ahead. They plan for schools, for college, for the transfer of a home that has been in the family since the neighborhood was still filling in. What most families here have not planned for is the moment when someone they love can no longer make decisions on their own, and the law stops recognizing them as the person allowed to decide.
That moment arrives in ordinary ways. A daughter with a developmental disability turns eighteen and the school district stops talking to her parents. A father on Golf Drive is diagnosed with dementia and the bank declines to honor a signature. A son is injured badly enough that someone has to sign for his care. At Coleman Jackson, P.C., these are the conversations we have with University Park families, and the first thing we tell them is that guardianship is not always the answer, but it is always worth understanding.
Why University Park Families End Up in Probate Court
Two situations bring most of our University Park clients to us.
The first is a child with an intellectual or developmental disability approaching age eighteen. Under Texas law, that birthday transfers every legal right the parents have been exercising for eighteen years directly to the young adult, regardless of capacity. Families who have spent years inside Highland Park ISD’s special education process are often surprised to learn that the IEP team’s authority and the parents’ authority both end on the same day.
The second is an aging parent in a home they have owned for forty years. The family sees the decline before anyone is willing to name it, and by the time a durable power of attorney would have solved the problem, the parent no longer has the capacity to sign one. Guardianship becomes the remaining path, and it runs through the Dallas County probate courts.
Understanding Guardianship Under Texas Law
Texas guardianship is governed by Title 3 of the Texas Estates Code, and the courts treat it as a serious restriction on an adult’s rights rather than a formality. We represent University Park families across the full range of these matters:
- Guardianship of the person decisions about residence, medical care, and daily welfare
- Guardianship of the estate authority over property, accounts, income, and contracts
- Guardianship of a minor for children whose parents have died, or who have received an inheritance or settlement that needs court-supervised management
- Less restrictive alternatives supported decision-making agreements under Chapter 1357, durable and medical powers of attorney, representative payee arrangements, and management trusts
- Contested guardianships when family members disagree about capacity, about who should serve, or about how a guardian has handled the role
- Annual reports and accountings the ongoing filings a guardian owes the court once appointed
- Modification and termination restoring rights when capacity improves, or closing a guardianship when a minor reaches majority
The Coleman Jackson, P.C. Difference
Texas requires an attorney who files a guardianship application to hold a certification under Section 1054.201 of the Estates Code, and for good reason. A guardianship is a court-sanctioned limitation on another person’s liberty, and the applicant carries the burden of proving incapacity by clear and convincing evidence. We take that standard seriously in both directions: we file when the evidence supports it, and we tell University Park families plainly when a power of attorney or a supported decision-making agreement would serve them better at a fraction of the cost and intrusion.
How We Handle Your Guardianship Matter
- Family conversation. We start by understanding who needs protection, what decisions are actually at stake, and who in the family is prepared to serve.
- Alternatives review. Texas courts require proof that less restrictive alternatives were considered. We look at them honestly, because sometimes one of them is the right answer.
- Medical documentation. A physician’s certificate of medical examination is required, and its timing and content matter to the court.
- Filing and hearing. We prepare the application, work with the attorney ad litem appointed for the proposed ward, and represent you through the hearing.
- Ongoing compliance. Once appointed, a guardian owes the court annual reports and, for an estate guardianship, annual accountings. We keep those current so the guardianship stays in good standing.
The Crossroads of Tax Law, Business Law & Estate Law
A guardianship rarely stands alone. A guardian of the estate may inherit responsibility for a family business interest, a portfolio with real tax consequences, or a home whose eventual sale raises basis questions. If the ward is receiving public benefits, the wrong transfer can cost them eligibility. Coleman Jackson, P.C. has always practiced Tax Law, Business Law, and Estate Law together, which is exactly what a guardianship of any real complexity requires.
Frequently Asked Questions
Ready to Talk It Through?
If someone in your family is approaching eighteen, declining, or already unable to make their own decisions, the right first step is a conversation, not a filing. Coleman Jackson, P.C. serves University Park families in English and Spanish.
Call us: 214-599-0431 (English) | 214-599-0432 (Spanish) Or book a confidential consultation online. Learn more about our guardianships practice and our trusts, estates, and will administration work.
