Families across Dallas–Fort Worth often face the painful reality of guardianship proceedings when a loved one becomes unable to make decisions and has no plan in place. These disputes can divide families, drain finances, and put private matters into the public record.
Fortunately, Texas law provides a legal mechanism to prevent many of these battles: the power of attorney. By planning, individuals can protect their autonomy, guide medical and financial decisions, and spare their families the burden of courtroom conflict.
Why Guardianship Battles Happen in Texas
A guardianship is a court-supervised process in which someone is appointed to manage another person's personal or financial affairs. A guardianship may be necessary because of incapacity, age, or other factors.
Guardianship might be necessary when no planning has been done, but it often sparks disputes between relatives over who should serve as guardian.
Texas guardianship proceedings can be formal, costly, and time-consuming. They typically require medical evidence, judicial oversight, and sometimes ongoing reporting to the court.
Beyond the expense, they remove control from individuals and place it in the hands of the court. In many cases, a properly executed power of attorney can prevent potential conflict.
Powers of Attorney Under Texas Law
A power of attorney (POA) is a legal document that allows a person (the “principal”) to grant authority to another person (the “agent” or “attorney-in-fact”) to act on their behalf.
The Texas Estates Code recognizes several forms of power of attorney, the most common being the durable power of attorney, which remains effective even if the principal becomes incapacitated. A POA must be executed while the principal has legal capacity and must follow statutory formalities, including signatures and, in some cases, notarization.
Which Powers of Attorney Help Prevent Guardianship Battles in Texas?
Two powers of attorney are especially effective in avoiding guardianship controversies: the statutory durable power of attorney and the medical power of attorney.
- Statutory durable POA – Authorizes an agent to manage the principal’s finances, property, and accounts.
- Medical POA – Allows a trusted person to make healthcare decisions if the principal cannot. It ensures medical wishes are honored and prevents family disputes over care or treatment.
How POAs Help Avoid Guardianship Battles
The best way to avoid a guardianship dispute is to choose your decision-maker in advance. A properly executed power of attorney ensures that authority rests with the person you select, not a court.
Clear legal recognition of one specific agent reduces family conflict, keeps matters private, and avoids the expense and publicity of guardianship proceedings.
POAs are also significantly more cost-effective, making them one of the most practical estate planning instruments under Texas law.
Choosing the Right Agent to Prevent Guardianship Disputes
Selecting the right agent is central to avoiding future court battles. The person chosen should be trustworthy, financially responsible, and capable of making sound decisions. Because a power of attorney grants broad authority, misuse is a real risk.
Texas law provides remedies for abuse, but the better approach is careful selection of an agent and clearly established powers and limitations.
With professional guidance, the POA can be tailored to your needs and executed properly under Texas law. In DFW, where complex family and property issues often drive guardianship disputes, informed planning is critical.
Read Also: What Can You Do If You Have Been a Victim of Power of Attorney Abuse
Let an Experienced Texas Estate Planning Lawyer Help Protect Your Family When You Need a Power of Attorney
At the Law Offices of Bailey & Galyen, we help clients across Dallas–Fort Worth prepare durable and medical powers of attorney that comply with Texas law and prevent unnecessary guardianship disputes. Planning ahead protects your autonomy, spares your loved ones the burden of court intervention, and keeps decision-making in trusted hands.
For a confidential consultation, call Bailey & Galyen at 844-402-2992 or contact us online. Our phones are answered 24/7 — because your family’s future cannot wait. Se habla español.
Bailey & Galyen Solving Your Legal Puzzle®