In Attempt to Solve Old Dilemmas, Guardianship Creates New Problems in Texas

Jim Bithas and Rosamond Bradley

The Observer has published a thoughtful examination of what it means to be a legal guardian in Texas. When all other efforts have been exhausted, guardianship is used to protect people from neglect or abuse. But the situation all too often leads to neglect and abuse—and results in the removal of legal rights. Due to an aging populace and scattered families, guardianships are increasingly common in the Lone Star State.

And the stark and troubling fact is, there is often little to no accountability for guardian behavior. In Texas, all a person needs to be put in charge of a stranger’s life is the completion a brief class, followed by a 100-question test. One guardian had 53 cases in nine counties. She allegedly never visited the people in her care, refusing to even answer their phone calls. She even regularly pocketed $20 from her wards’ $60 monthly allowance.

“This system may have been appropriate in 1845 or 1865 or even 1910,” says Terry Hammond, an El Paso attorney. “But it’s entirely inappropriate for the 21st century.”

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In Attempt to Solve Old Dilemmas, Guardianship Creates New Problems in Texas