When a loved one can no longer make decisions for themselves, pursuing legal guardianship may feel like the right path. But before initiating the process, it’s important to understand what it will cost—not only upfront but over time. Whether you’re seeking guardianship of a minor or an adult with disabilities, the associated expenses in Texas can add up quickly.
We’ll discuss the cost of guardianship in Texas by breaking down what you may be expected to pay, what expenses may be ongoing, and how courts, professionals, and fiduciary requirements all affect the total financial responsibility. Let’s start with the basics.
- Filing and Court Fees: The First Financial Step
- Attorney Fees for the Proposed Guardian
- Medical and Psychological Evaluations
- Court-Ordered Investigations and Hearings
- Bond Requirements and Annual Reporting
- Ongoing Guardianship Costs After Appointment
- Public Guardianship and Indigent Support Options
- Alternatives That May Lower CostsWhen the Ward Has Assets: Who Pays?
- Cost of Guardianship in Texas: Putting It All Together
Filing and Court Fees: The First Financial Step
Every guardianship case in Texas begins with a petition filed in probate court. This step carries mandatory filing fees, typically ranging from $250 to $400 depending on the county.
In addition to the filing fee, the court may charge for the following:
- Service of citation (required notification to the proposed ward)
- Posting requirements (publishing a notice in a local newspaper or county site)
- Certified copies of documents
These administrative costs are not optional and must be paid before the court proceeds with the petition. If you’re filing in a larger metro area like Harris or Travis County, expect costs at the higher end of the range.
Attorney Fees for the Proposed Guardian
Texas law strongly encourages hiring an attorney when seeking guardianship. Courts typically do not allow individuals to file for guardianship on their own unless they are attorneys themselves.
Attorney fees for guardianship cases often vary based on the complexity of the situation:
- Simple uncontested adult guardianship: $1,500–$3,000
- Contested cases with multiple parties: $5,000 or more
- Guardianship of the estate (financial management): Often more expensive due to financial reporting and court oversight
In addition to your attorney, the court will appoint an attorney ad litem to represent the proposed ward. Their role is to ensure the ward’s rights are protected. This fee can range from a few hundred dollars to over a thousand, depending on case complexity and the number of hearings involved.
The court may also appoint a guardian ad litem in certain contested or high-risk cases, which adds to the total expense.
Medical and Psychological Evaluations
Guardianship petitions typically require a Physician’s Certificate of Medical Examination (PCME). This form must be completed by a licensed physician who has examined the proposed ward within the past four months.
Costs may include:
- Office consultation or home visit fees
- Evaluation fees from psychologists or psychiatrists for mental capacity review
- Travel fees if the provider must visit the ward in a care facility
Although some physicians will include the PCME as part of a regular visit, others may charge a separate evaluation fee. These expenses are out-of-pocket and not covered by most insurance plans.
Court-Ordered Investigations and Hearings
Once a petition is filed, the court may appoint a court investigator to conduct a home visit or gather more information about the ward’s living situation. This step helps ensure that guardianship is truly necessary and that no less restrictive alternatives are available. It is especially common in adult guardianship cases, particularly if there are concerns about elder abuse, exploitation, or neglect.
Some counties cover this cost through their probate budget, while others charge investigation fees that must be paid by the petitioner directly. The cost may also increase if multiple visits or interviews are needed.
The initial hearing and any follow-up hearings—such as those involving disputes between family members, requests for modification, or issues with the guardian’s performance—may incur:
- Additional filing or motion fees
- Interpreter services (if the ward or petitioner does not speak English fluently)
- Transcript fees if records of the hearing are requested
- Missed work, transportation expenses, and time off for court appearances
Some hearings are continued or delayed, which may result in repeated attendance and added cost over time.
Bond Requirements and Annual Reporting
If the court appoints a guardian of the estate, a bond must be posted to protect the ward’s assets. The bond amount is based on the value of the ward’s property and liquid assets, and the premium is usually a small percentage of that total.
Most bonding companies charge between 0.5% and 1% of the bond amount annually. This cost recurs each year the guardianship remains active.
In addition, guardians must submit detailed annual reports and accountings, which may involve legal assistance or software services to stay compliant with Texas Estates Code requirements.
Ongoing Guardianship Costs After Appointment
Guardianship isn’t a one-time event. Once appointed, there are ongoing obligations that can lead to recurring costs:
- Annual physician evaluations (especially if the ward’s condition changes)
- Court filing fees for annual reports and requests for modification
- Professional guardianship management (if a private guardian is hired)
- CPA fees for filing income tax returns on behalf of the ward’s estate
If any disputes arise—whether family disagreements, changes in care facilities, or suspected financial abuse—legal fees may resurface quickly.
Public Guardianship and Indigent Support Options
In rare circumstances, courts may appoint a public guardian or allow limited guardianship through a county-supported program. These are typically available only if:
- The ward has no family or friends able to serve
- There are no assets to manage
- The individual qualifies as indigent under court rules
Texas does not have a statewide public guardianship program, so availability varies widely by county. In some counties, legal aid services may assist with filing at reduced cost or free of charge. However, these are often limited by funding or case load.
Alternatives That May Lower Costs
Given the potential expense, many families look into alternatives before committing to formal guardianship. Options include:
- Durable powers of attorney for financial matters
- Medical powers of attorney for healthcare decisions
- Supported decision-making agreements (especially for adults with disabilities)
- Representative payee programs through Social Security
These options do not always require court involvement and may eliminate or reduce costs significantly. However, they are only effective if the individual has the capacity to consent at the time of signing.
When the Ward Has Assets: Who Pays?
In many cases, the proposed ward’s estate pays for some or all of the guardianship-related expenses. This is more common in guardianship of the estate or when a minor inherits assets.
However, until the court formally appoints a guardian, you may need to cover initial costs yourself and seek reimbursement later—pending court approval. Judges will scrutinize these reimbursements carefully to ensure they benefit the ward.
If the ward has no assets, you will likely be responsible for all costs unless you qualify for court fee waivers or aid.
Cost of Guardianship in Texas: Putting It All Together
The full cost of guardianship in Texas depends on many factors:
- Whether the case is contested
- Type of guardianship (person, estate, or both)
- Legal and medical evaluations required
- Ongoing court reporting and compliance
An uncontested case with minimal assets might cost between $3,000 and $5,000 in the first year. More complex or litigated cases can exceed that significantly, especially if ongoing professional involvement is required.
Families should treat guardianship as an ongoing legal obligation, not a one-time procedure. The financial responsibilities stretch far beyond the court hearing.
Conclusion
Understanding the cost of guardianship in Texas is essential before filing a petition. While the process may be necessary for protecting someone who cannot care for themselves, the expenses can be substantial and long-lasting. From court filing fees and attorney retainers to bond premiums and annual reporting, the total cost will vary based on your situation.
For families considering guardianship, planning ahead—both financially and logistically—can prevent future hardship. If you’re unsure about whether guardianship is right for your situation, it may help to explore less costly legal alternatives that still offer support and protection.
Other Related Posts
- How to Set Up Revocable Living Trust the Right Way
- Texas Guardianship Laws and Regulations: Key Rules and Court Process
- Does a Revocable Living Trust Need to Be Recorded for It to Be Valid?
- Understanding the Financial Responsibilities of a Guardian in Texas
- What Are the Texas Guardianship Age Requirements? A Full Guide
- Living Will Documents: A Complete Guide to Making Your Wishes Clear
- Texas Guardian Background Check Qualifications: What Courts Look For
- Setting Up a First-Party Special Needs Trust: Everything You Should Know
- Difference Between Living Will and Last Will and Why Both Matter
- How to Get Money Out of a Special Needs Trust: Key Rules and Steps Explained
- Living Will vs DNR: Key Differences and How Each Impacts End-of-Life Care
- What Is a Special Needs Trust Fund and How It Protects Benefits
Frequently Asked Questions
Often, the proposed ward’s estate pays for court fees and attorney costs, but only after the court approves the guardian. If the ward has no assets, the filer may need to cover expenses upfront.
Yes. Some Texas counties offer fee waivers for individuals who meet financial eligibility criteria. You may need to submit an affidavit of indigency.
Yes. Uncontested cases usually involve fewer hearings, less attorney time, and no litigation, which keeps costs lower than contested proceedings.
Generally, yes. Most probate courts require the filer to be represented by an attorney, especially in guardianship of the estate.
Yes. Guardianship orders can be reviewed or modified, but doing so often involves additional court filings, evaluations, and legal fees.
