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The last few years saw substantial changes and updates in the probate and estates realm, not the least of which was replacement of the prior Texas Probate Code with the Texas Estates Code. In guardianships, the most important changes directed an exploration of “less restrictive alternatives” to guardianship, making proving the necessity for a guardianship more difficult. Additionally, another hour was added to the required learning for an attorney to qualify to serve in an ad litem capacity in the probate courts, as well as a new requirement that attorneys representing applicants for guardianship also obtain the four-hour training previously only required of those wishing to serve in an ad litem capacity. These requirements have resulted in the courts stressing the importance of consideration of less restrictive alternatives to guardianship of the person and/or estate.

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