When a minor turns 18, Texas law typically requires the prompt termination of guardianship and the transfer of assets to the new adult. Yet some guardians find ways to maintain control over assets months or even years after the ward reaches adulthood. Through procedural maneuvers like motions for new trial and appeals, guardians can extend their authority despite clear statutory mandates.
What legal mechanisms might a guardian employ to delay transferring assets, and how do Texas courts respond to these tactics? The recent case of In the Guardianship of Chloe Grace Dillon, An Incapacitated Person, No. 11-24-00244-CV (Tex. App.—Eleventh District, April 10, 2025) provides an example of how procedural delays can effectively extend guardianship control well beyond a ward’s 18th birthday.
Facts & Procedural History
Dillon was under guardianship of her estate as a minor with no other incapacity. McCoy served as guardian of her estate. When Dillon turned 18 on April 10, 2024, she filed a motion to terminate the guardianship and requested the release of her funds.
Prior to reaching majority, Dillon had already filed a motion alleging that McCoy had “misappropriated funds held for her benefit.” After her 18th birthday, the trial court ordered the guardian to provide accountings and set a final hearing for July 16, 2024.
At this hearing, approximately three months after Dillon reached adulthood, the court ordered McCoy to transfer all assets to the Midland County Clerk’s Office. The court directed that upon full payment, the guardianship would be closed.
McCoy filed a motion for new trial and subsequently appealed. Later, McCoy attempted to withdraw the appeal, arguing that the trial court’s judgment wasn’t final since a hearing on the motion for new trial had been scheduled. The appellate court rejected this argument and found the judgment was final and appealable.
Despite receiving multiple extensions, McCoy never filed an appellate brief. The Court of Appeals finally dismissed the appeal for want of prosecution exactly one year after Dillon turned 18.
Guardianship Termination Requirements
The Texas Estates Code is clear about when a guardianship for a minor ends. Section 1202.001(b)(3) specifically requires termination when a minor reaches the age of majority. Section 1204.001 mandates that once a guardianship is no longer necessary, the process of final settlement, accounting, and discharge must begin.
This settlement process isn’t optional–it’s a mandatory duty of both the guardian and the supervising court. The law recognizes that upon reaching adulthood, individuals have the right to control their own property without court supervision through guardianship.
The process should be straightforward: when the minor turns 18, the guardian must prepare a final accounting, turn over assets, and request discharge from their duties.
Procedural Delay Tactics
The Dillon case illustrates several effective delay mechanisms:
- Filing motions for new trial
- Filing appeals from final orders
- Claiming that orders aren’t “final” or appealable
- Failing to prosecute appeals while allowing them to remain pending
- Requesting extensions, abatements, or continuances
Through these actions, McCoy effectively maintained control over Dillon’s assets for a full year beyond her 18th birthday, despite the court’s order to transfer the assets three months after she turned 18.
Final Appealable Orders in Guardianship Cases
A key issue in the Dillon case involved determining what constitutes a “final” order in guardianship proceedings. The court explained that in probate and guardianship matters, an order is final and appealable if it disposes of all issues and parties “in the phase of the proceeding for which it was brought,” even when other matters remain pending.
This exception to the standard “one final judgment” rule comes from the Texas Supreme Court’s decisions in In re Guardianship of Jones and Crowson v. Wakeham. The exception recognizes the unique, ongoing nature of probate proceedings, where discrete issues are resolved at different times.
In Dillon’s case, the court found that the July 16, 2024 judgment ordering asset transfer constituted a final, appealable order. This finding foreclosed McCoy’s attempt to claim the proceedings remained pending at the trial court level.
Defeating Delay Tactics
How did the court ultimately end the delay? The opinion shows that the court:
- Enforced appellate deadlines by dismissing the appeal when McCoy failed to file a brief
- Provided clear analysis of what constitutes a final order in guardianship proceedings
- Clarified that a motion for new trial set for hearing did not render the judgment non-final
- Noted that McCoy’s motion for new trial was “overruled by operation of law” after 75 days
The court’s approach balanced allowing legitimate appeals while preventing misuse of procedural mechanisms for delay. Nevertheless, the final dismissal came exactly one year after Dillon reached majority—demonstrating how these actions can be in extend control.
Estate Planning Can Prevent These Issues
Estate planning offers several mechanisms to avoid the problems illustrated in the Dillon case. Parents concerned about minor children receiving assets can implement structures that bypass guardianship proceedings entirely or provide for smoother transitions when the child reaches adulthood.
A carefully structured trust represents the most effective alternative to guardianship. Unlike guardianships, trusts can include precise terms for asset distribution that operate independently of court supervision. For example, a testamentary trust created in a parent’s will or a living trust can specify exactly when and how assets transfer to a child, including staged distributions at various ages beyond 18 if desired.
Custodial accounts under the Uniform Transfers to Minors Act (UTMA) provide another alternative, though less flexible than trusts. These accounts automatically transfer to the child at age 21 in Texas (or earlier if the creator designates), without requiring court proceedings to effect the transfer.
For situations where guardianship remains necessary, parents can proactively address transition issues by:
- Naming successor guardians who understand their fiduciary obligations
- Including explicit instructions regarding the transition of assets at majority
- Building in accountability measures such as regular accounting requirements
- Setting up mechanisms to fund legal representation for the child approaching majority
These planning tools help prevent situations where guardians might attempt to extend control through procedural tactics. The key advantage of proper estate planning is that it creates clear, legally enforceable pathways for asset transfers that minimize court involvement and reduce opportunities for delay.
The Takeaway
The answer to our title question is technically “no”—a guardian cannot legally extend authority beyond a ward’s 18th birthday. However, as the Dillon case demonstrates, procedural maneuvers can effectively extend control for significant periods despite statutory mandates for prompt termination. Courts must balance legitimate appellate rights against preventing abuse of procedural mechanisms, and newly-minted adults may need to actively assert their rights to gain timely access to their assets. The case serves as a warning to those approaching guardianship termination and a reminder to courts to vigilantly monitor for tactics that unduly extend control over assets that rightfully belong to former wards.
Do you need help with a guardianship matter in Houston or the surrounding area? We are Houston guardianship attorneys. We help clients navigate the guardianship process. Call today for a free confidential consultation, 281-219-9090.
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Disclaimer
The content of this website is for informational purposes only and should not be construed as legal advice. The information presented may not apply to your situation and should not be acted upon without consulting a qualified probate attorney. We encourage you to seek the advice of a competent attorney with any legal questions you may have.
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