Texas Guardianship Glossary

Agent:    One who has permission to act.

Attorney Ad Litem:    A lawyer appointed by the court to represent the potential ward during the guardianship proceeding.  Serves as disinterested person for an objective investigation.

Bond:    An insurance policy required by the court in an amount set by the judge to cover the assets of the estate.

Conservatee:    A minor being protected.

Conservator:    Legally appointed protector; preserver of a minor.

Conservatorship:    A legal relationship between the conservator and the conservatee.

Durable Power of Attorney:    A document executed authorizing another person to act as agent which continues in effect upon the onset of incapacity of the principal.

Estate:
    Denotes the real and personal property of a ward.

Fiduciary:    A person or entity to whom property management or other responsibility is entrusted.

Guardian:    A person who is appointed by the probate court to protect the property and/or person of one who does not have capacity to protect his or her own interests.

Guardian Ad Litem:    A disinterested person who is appointed by the court on behalf of the ward to represent the ward’s best interest.

Guardian of the Estate:
    A person or entity who is responsible for managing the financial affairs of the ward, e.g., paying the bills, collecting benefits, selling property.

Guardian of the Person:    A person who is responsible for and who advocates for the health and well-being of the ward.

Incapacitated Person:    An adult, who because of  physical or mental condition, is substantially unable to feed, clothe, or shelter himself/herself, to care for his/her physical health, or to manage his/her financial affairs.

Letter of Guardianship:    An official letter issued by the County Clerk’s office which is written evidence of the appointment and authority of the guardian to act for the ward. 

Oath:    A sworn statement made by the guardian in writing in which he or she swears to fulfill their obligation.

Probate:    Relating to a matter or proceeding involving a guardianship or an estate of a decedent.

Payee:    A person who receives and disburses the ward’s Social Security income or SSI outside of the jurisdiction of the court.

Probable Cause:
    A reasonable ground for supposing that an allegation is well founded.

Principal:    The person from whom an agent’s authority is derived.

Surrogate:    One appointed to act in place of another.

Testator:    A person who dies leaving a Will.

Trust:
    A legal method used to manage and distribute property without a guardianship.

Ward:    A person who has been found some measure of incapacity to care for him/herself or to manage their own property of financial affairs.

Guardian of the Person and of the Estate:  A person who acts in both capacities of a ward