Learn about guardianship and supported decision-making.
Guardianship is a legal tool that allows a person to make decisions for another person. Although Texas law directs courts to “design a guardianship to encourage the development or maintenance of maximum self-reliance and independence of the incapacitated person,” courts often create full guardianships, which can deprive people with disabilities of their right to make fundamental decisions about their lives.
Guardianships are meant to protect people from abuse or neglect. But by transferring power to court-appointed guardians, the judicial process removes people’s rights and abilities to make choices and control their own lives. The vast majority of people with disabilities, including those with developmental and intellectual disabilities, do not need guardians. TCDD funded the following grant projects related to guardianship alternatives:
The Arc of San Angelo piloted a program to demonstrate how volunteers can support people with disabilities in making their own decision. TCDD collaborated with the Texas Department of Aging and Disability Services to create this program under a bill passed by the Texas Legislature in 2009. The three-year project in Tom Green County trained volunteers to assist in decision-making based on the principles of self-determination; matched the volunteers with people with disabilities who had shared interests; and provided support to the volunteers. The program also diverted several court-initiated guardianships.
TCDD supports increasing opportunities for and protecting the self-determination and civil rights of people with developmental disabilities (DD). Independent or supported decision-making must be the first and preferred option for people with DD, including when guardianship is explored. Guardianship practices and access to guardianship information are included in our Public Policy Priorities.
Read written testimony on House Bill 1675, which related to guardianship of people with profound intellectual disabilities. The bill was introduced during the 87th Texas legislative session in 2021.
Supported decision-making is an alternative to legal guardianship that supports people to make their own decisions and stay in charge of their lives while receiving any help they need to do so. In 2015, Texas became the first state to put supported decision-making into law.
To create a supported decision-making agreement, you and your supporter will complete and sign an agreement form along with two witnesses or a notary public. You can use this Supported Decision-Making Agreement Sample Form (PDF) to get started. For additional information and support, check out the Supported Decision-Making Agreement Tool on the Disability Rights Texas (DRTx) website.
DRTx created a short video that gives an overview of the supported decision-making process as well as other alternatives to guardianship. Visit the DRTx website for more information and resources on supported decision-making in Texas.
6201 E. Oltorf St., Ste. 600
Austin, TX 78741-7509
Phone: 512-437-5432
Toll-Free: 1-800-262-0334
Email: tcdd@tcdd.texas.gov
6201 E. Oltorf St., Ste. 600
Austin, TX 78741-7509
Phone: 512-437-5432
Toll-Free: 1-800-262-0334
Email: tcdd@tcdd.texas.gov
TCDD is committed to ensuring digital accessibility for everyone. We continually work on compliance, applying best practices and web standards. To learn more, read our accessibility statement.
6201 E. Oltorf St., Ste. 600
Austin, TX 78741-7509
Email: tcdd@tcdd.texas.gov
This work is supported by a grant from the U.S. Administration for Community Living (ACL), Department of Health and Human Services (HHS), Washington, D.C. 20201 with a 100% federal funding award totaling $6,175,796. Council efforts are those of the grantee and do not necessarily represent the official views of nor are endorsed by ACL, HHS, or the U.S. government.
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