By Kenneth “Kenny” Sumner Jr., Partner, Romano & Sumner, PLLC.
If a parent, spouse, or adult child can no longer manage their own health decisions, their money, or their basic safety, Texas law lets a court appoint someone to step in and make those decisions for them. That’s a guardianship. Romano & Sumner is a Sugar Land probate and guardianship firm, and guardianship cases in Fort Bend County are core to what we do. Texas law doesn’t let a court skip straight to guardianship, though: a judge has to find, by clear and convincing evidence, that the person is genuinely incapacitated and that less restrictive alternatives (a power of attorney, a supported decision-making arrangement, a joint bank account) have already been considered and won’t work. Getting that right the first time is what keeps a guardianship from turning into a longer, more expensive fight than it needs to be.
Not sure guardianship is even the right tool? Call Romano & Sumner at (281) 242-0995 for a free consultation. We’ll walk through what your family is actually facing and tell you honestly whether a guardianship is necessary — or whether something short of one will do the job.
Two things decide it, and a Fort Bend guardianship lawyer can usually map out both in one conversation:
You don’t need to have already ruled the alternatives out yourself before you call. That’s part of what we help you work through — and it’s also the part of this process a lot of families never hear about until it’s raised against them in court.
Guardianship isn’t one-size-fits-all. A guardian can be appointed over the person (health care, living arrangements, day-to-day welfare), the estate (money and property), or both. How the case looks depends on whether the proposed ward is a minor or an incapacitated adult, and whether anyone is contesting it. We break down all four common arrangements and how to tell which one fits your situation in our guide, four different types of adult guardianship in Texas. The short version for this page: tell us what your family member can no longer safely handle, and we’ll tell you which kind of guardianship (if any) actually matches it. For the fuller picture of how guardianship works in Texas, see our Sugar Land guardianship overview.
Fort Bend County doesn’t have a separate statutory probate court. It has six statutory county courts at law (Tex. Gov’t Code § 25.0811), and because none of them is a statutory probate court, original jurisdiction over guardianship proceedings sits with the county court at law exercising probate jurisdiction, running concurrently with the constitutional county court (Tex. Est. Code § 1022.002(b)). Practically, that means a Fort Bend guardianship case is a real court proceeding, filed in Richmond, with a mandatory attorney ad litem for the proposed ward and a clear-and-convincing evidentiary standard. It is not a form you fill out and file. One more local detail worth knowing: Fort Bend, unlike some Texas counties, doesn’t use a court investigator in these cases, so the attorney ad litem’s own investigation carries more of the weight the court relies on.
We’ve sat all around the guardianship table. We’ve brought the application, served as the court-appointed attorney ad litem or guardian ad litem for the proposed ward, and contested a guardianship when it needed to be contested. That range matters. Every guardianship proceeding requires the court to appoint an attorney ad litem to represent the proposed ward’s own interests and expressed wishes (Tex. Est. Code § 1054.001). Texas law goes further: any attorney representing any person’s interest in the proceeding, not just the ad litem but the attorney filing the application too, must hold the guardianship-law certification issued by the State Bar of Texas (§ 1054.201). Kenny Sumner holds that certificate. Knowing what the process looks like from the ad litem’s chair, the applicant’s chair, and the contesting party’s chair shapes how we build a family’s application from day one, including what a judge expects to see addressed before signing off.
When we take on a Fort Bend guardianship, we start by confirming it’s actually necessary, walking through the alternatives Texas law requires the court to consider so you’re not building a case around a tool you didn’t need. From there:
If the guardianship is contested (a family disagreement over who should serve, or a challenge to whether it’s needed at all), that’s estate litigation, and we handle those disputes too, so you don’t have to find a second firm mid-case.
Romano & Sumner is a probate, guardianship, and estate-litigation firm based in Sugar Land, in the heart of Fort Bend County. Guardianship is a designated growth priority for this firm precisely because so many general-practice competitors treat it as a side matter — we don’t. When a family is deciding whether a parent or spouse needs a guardian, they’re often exhausted, scared of doing it wrong, and worried about overstepping. We can’t promise you a particular outcome (no honest lawyer can), but we can promise you a straight answer about whether guardianship is even the right step, from a firm that’s handled these cases from every seat in the courtroom.
Guardianship matters at Romano & Sumner are handled by our partners — Paul Romano, Kenneth “Kenny” Sumner Jr., and Nicholas “Nick” Noe. Paul Romano is Board Certified in Estate Planning and Probate Law by the Texas Board of Legal Specialization. Kenny Sumner holds the guardianship certificate required by Tex. Est. Code § 1054.201 — the certificate any attorney representing a person’s interest in a Texas guardianship proceeding must hold.
The sooner you understand your options, the fewer surprises there are in court. A short, free call tells you whether guardianship is necessary and what to expect. Call (281) 242-0995 or reach us through our contact page.
Guardianship cannot be handled on a contingency fee — it’s not that kind of case. Costs depend on whether the case is contested and how complex the medical and financial picture is. We’ll walk through realistic costs at the free consultation before you commit to anything.
Yes. Texas requires clear and convincing evidence, generally including a current letter from a licensed physician or psychologist describing the specific incapacity (Tex. Est. Code § 1101.103). That letter has to be based on an exam performed within a strict window before the application is filed — timing matters as much as substance.
Then that’s usually what the court, and we, want you to use instead. Texas law requires the court to find that alternatives like a power of attorney, a supported decision-making agreement, or a representative payee were considered and wouldn’t work before it will appoint a guardian at all. We’ll tell you honestly if your situation doesn’t need a full guardianship.
Fort Bend has no separate statutory probate court, so guardianship cases are heard in the county courts at law exercising probate jurisdiction, concurrently with the constitutional county court, in Richmond.
Start documenting what you’re seeing: specific incidents, not just a general sense something’s wrong. Then talk to a guardianship attorney before assuming guardianship is the only path. The first call with us is free.
This article is for general informational purposes only and is not legal advice, and it is not a promise or guarantee of any particular result. Reading it does not create an attorney-client relationship. Every situation is different. For advice about your circumstances, speak with a qualified Texas attorney.