What to Prepare for Your Texas Guardianship Application

When a person loses the capacity to make decisions for themselves, a legal guardianship may be necessary. Guardianship in Texas is not automatic and involves a formal court process that begins with the Texas guardianship application form. Whether you’re seeking guardianship for an aging parent, a child with a disability turning 18, or another adult unable to manage personal or financial affairs, you need to understand what the application entails, what supporting documents are required, and what your role will involve.

Before the court grants you any authority, you’ll need to demonstrate that guardianship is truly needed and that no less restrictive alternatives exist. The Texas Estates Code outlines these requirements in detail, and the court expects compliance at every step.

Here’s everything you should prepare for when filling out and submitting the Texas guardianship application form so you can approach the process with clarity and caution.

• What Is the Texas Guardianship Application Form?
• What Information Do You Need for the Texas Guardianship Application Form?
• Where Do You File the Texas Guardianship Application Form?
• What Documents Must Accompany the Texas Guardianship Application Form?
• What Happens After You File the Texas Guardianship Application Form?
• What Responsibilities Follow the Approval of the Guardianship?
• How Long Does the Guardianship Application Process Take?
• Can You Modify or Terminate the Guardianship After Filing the Form?

What Is the Texas Guardianship Application Form?

The Texas guardianship application form is a legal document filed with the probate court to request the appointment of a guardian. It is the first official step to initiate a guardianship proceeding. The person filing the application is known as the applicant or proposed guardian. The individual who may need a guardian is referred to as the proposed ward.

The form itself will depend on the county where you’re filing, but the core information stays consistent with the Estates Code. Most counties require the form to be submitted along with supporting paperwork, a physician’s certificate of medical examination (PCME), and in some cases, a background check.

The form must be signed and filed with the probate clerk and is typically reviewed by the judge assigned to guardianship matters. Once accepted, the court will schedule a hearing to review the application and decide whether to appoint a guardian.

Key Information Needed for Your Texas Guardianship ApplicationWhat Information Do You Need for the Texas Guardianship Application Form?

To complete the Texas guardianship application form, you’ll need to gather detailed information about yourself and the proposed ward. Below are the typical sections of the application and what you should be ready to provide:

1. Applicant Information
   • Full legal name, address, and contact details
   • Relationship to the proposed ward
   • Whether you’ve been convicted of a crime
     Any prior guardianship involvement or removals
2. Proposed Ward Information
   • Full name, date of birth, address, and social security number
   • Reason guardianship is being sought (e.g., mental incapacity, dementia, disability)
   • Evidence of incapacity, which will later be supported by the physician’s certificate
   • Known relatives and next of kin
3. Guardianship Details
   • Type of guardianship requested (person, estate, or both)
   • Whether the guardianship is full or limited
   • Less restrictive alternatives considered
   • Statement that the guardianship is in the ward’s best interest
4. Supporting Legal Declarations
   • Declaration that the ward is incapacitated
   • Request for the court to appoint an attorney ad litem
   • Statement regarding the ward’s assets and property, if applicable

This form must be notarized and signed under penalty of perjury. If the information is incomplete or inaccurate, it can delay or derail the entire application.

Where Do You File the Texas Guardianship Application Form?

You must file the Texas guardianship application form in the probate court or county court where the proposed ward resides. Every Texas county has its own filing procedures, but generally, you’ll follow these steps:

• Prepare and review the form to ensure accuracy
• Attach required documents, including the PCME and criminal background report (if applicable)
• File the application with the probate clerk and pay the filing fee (which varies by county)
• Request a hearing date from the court

Some counties allow e-filing, while others require in-person filing. You should confirm the current requirements with the clerk’s office of the appropriate county.

What Documents Must Accompany the Texas Guardianship Application Form?

The application alone is not enough. The court also needs additional documents to properly evaluate whether a guardianship is warranted. Below are the most commonly required attachments:

1. Physician’s Certificate of Medical Examination (PCME)

This certificate must be completed by a licensed physician who has examined the proposed ward within the last 120 days. The PCME evaluates the person’s ability to make decisions, manage finances, and function independently. Courts require this document to be signed, dated, and submitted on the official PCME form.

2. Background Check Authorization

If you are applying to be guardian of the estate or the person, you may need to undergo a criminal history check. Some courts will require fingerprinting through an approved agency.

3. Statement of Assets and Liabilities

For guardianship of the estate, you must provide details on the proposed ward’s property, income, and financial obligations. This helps the court determine if you are suitable to manage those affairs.

4. Consent to Serve as Guardian

This confirms your willingness to accept the duties and responsibilities imposed by law if appointed by the court.

What Happens After You File the Texas Guardianship Application Form?

After the Texas guardianship application form is filed, the court begins the review process. The next steps include:

• Appointment of an attorney ad litem to represent the proposed ward
• Service of notice on the ward and close relatives
• Court investigation or hearing to assess the necessity and scope of guardianship
• Hearing before the judge where the applicant must present evidence
• Guardianship training and bond, if ordered by the court

You should be prepared to testify under oath and answer questions about the ward’s condition, the reasons guardianship is needed, and your qualifications.

If approved, the judge will sign an order officially appointing you as guardian. You’ll then receive letters of guardianship, which are legal documents confirming your authority.

What Responsibilities Follow the Approval of the Guardianship?

Filing the Texas guardianship application form is just the beginning. Once appointed, you are responsible for fulfilling legal obligations as a guardian. These include:

• Filing annual reports or accountings with the court
• Maintaining records of all decisions and expenses
• Acting in the best interests of the ward at all times
• Seeking court approval before making major decisions or purchases

Failure to comply with reporting or fiduciary duties can result in removal or penalties. The court maintains ongoing oversight to ensure the guardian acts lawfully and ethically.

How Long Does the Guardianship Application Process Take?

The length of time from submitting the Texas guardianship application form to receiving an order varies. In uncontested cases with complete documentation, it could take 30 to 90 days. If complications arise, such as objections from family or missing documents, it may extend beyond that.

Factors that influence the timeline include:

• Availability of the court
• Speed of attorney ad litem reports
• Delays in gathering documents
• Whether the ward contests the application

To avoid unnecessary delays, ensure all materials are accurate and submitted promptly.

Can You Modify or Terminate the Guardianship After Filing the Form?

Yes, the court allows modification or termination of guardianship under certain conditions. If the ward regains capacity or if the guardian can no longer serve, the court may change the terms or discharge the guardianship entirely.

You must file a formal petition and present medical evidence or other proof to support the change. The process follows many of the same steps as the original application.

Conclusion

The Texas guardianship application form sets a formal process in motion, one that is governed by strict court procedures and legal standards. It’s not simply a matter of filling out paperwork. You must demonstrate necessity, prepare supporting documentation, and comply with oversight both during and after your appointment. Understanding each step ahead of time gives you the best chance of completing your application correctly and ethically.

Always approach guardianship with the seriousness it deserves. It grants significant authority over another person’s life, and the court expects diligence, care, and accountability from you.

Other Related Posts

1. Did Special Needs Trust Rules Change? What Families and Caregivers Should Know in 2025
2. Medical Directive vs Living Will: What Texans Should Know Before Choosing
3. Adult Guardianship in Texas: A Step-by-Step Legal Guide for Families
4. How Guardianship Of A Child In Texas Works: Step-by-Step Insights
5. What Is a Charitable Remainder Trust: Full Breakdown for Your Estate Plan
6. Temporary Guardianship Affidavit Texas: Who Needs It and Why It Matters
7. The Ultimate Guide to Understanding What Can a Special Needs Trust Not Pay For
8. Charitable Remainder Trust Explained: Full Breakdown for Donors and Families
9. Should You Create Your Own Joint Revocable Living Trust? Pros, Cons, and What to Expect
10. What You Should Know About the Pew Charitable Trusts Internship
11. Is Establishing A Revocable Living Trust Still Relevant in 2025? Here’s What Experts Say
12. Living Will vs Living Revocable Trust: What You Need to Understand Clearly

Frequently Asked Questions