This article was originally published in the Texas Academy of Family Law Specialists Family Law Forum.

Guardianship Law: An Overview

With our aging population, second marriages and the blended families that arise therefrom, both elder law and family law attorneys are witnessing an uptick in divorce proceedings filed by adult children of elderly parents.

When Carlos Benavides died in December 2020, he left behind more than just a wealthy estate—he sparked a legal challenge that would force Texas courts to confront one of family law’s most divisive questions.


For over a century, American courts have wrestled with a fundamental question: Can someone else decide to end your marriage when