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Imagine watching a loved one struggle with everyday decisions—paying bills, managing medication, or choosing safe living arrangements. You may step in to help informally at first, but over time, you realize the law may need to recognize your role so you can protect their best interests. That is when guardianship becomes part of the conversation.
Seeking guardianship is not about taking control but about making sure important matters are handled when someone cannot do it alone. The process, however, is not as simple as asking the court for permission. You must follow specific rules, prepare documents, attend hearings, and accept ongoing responsibilities once appointed.
We’ll explain in this article how to get guardianship in Texas step by step. You will see what the courts expect, how the process works, and what you should be prepared for if you decide this is the right step for your family.
- When Guardianship May Become Necessary
- Who Can Be Appointed as a Guardian
- Filing the Initial Application in Court
- The Court’s Investigation and Evaluations
- What to Expect During the Hearing
- Duties and Reporting After Appointment
- Costs and Financial Obligations to Consider
- Alternatives the Court May Look At First
- Preparing Yourself for the Demands of Guardianship
When Guardianship May Become Necessary
At its core, guardianship is a court-created relationship. The court appoints a guardian to make decisions for someone who is considered legally incapacitated. That individual may be a child without a capable parent, or an adult who cannot make decisions due to disability, illness, or age-related decline.
In Texas, guardianship can cover two main areas:
- Guardianship of the Person: The guardian makes decisions about personal welfare, medical care, and living arrangements.
- Guardianship of the Estate: The guardian manages money, property, and financial matters on behalf of the individual.
Sometimes, the court may appoint a guardian for both. Understanding which type applies in your case is the first step toward deciding whether guardianship is appropriate.
Who Can Be Appointed as a Guardian
When you apply for guardianship, the court’s primary concern is the well-being of the person who may need protection. Not everyone is automatically qualified to take on the role, and the court uses a priority system to decide who should be considered first.
General Qualifications
To serve as a guardian, you must:
- Be an adult at least 18 years of age.
- Show good character and a history of responsible behavior.
- Have no major criminal convictions, particularly those involving violence, abuse, or financial misconduct.
- Be capable of fulfilling ongoing duties, which means having enough stability in your own life to take on added responsibilities.
The court evaluates both your personal history and your ability to manage the legal, financial, or caregiving aspects of the role.
Priority of Appointment
Texas law provides a preference order that guides the court. While the judge has flexibility, the following categories are usually considered in this order:
- Parents of a minor child or incapacitated adult if they are able and willing.
- Adult children who can demonstrate they are qualified.
- Other close relatives such as siblings or extended family members.
- A person designated in a written declaration by the individual before they became incapacitated (if such a declaration exists).
- Other responsible adults, if no family is available or suitable.
This hierarchy helps ensure guardianship remains as close to family as possible, but the court will ultimately decide based on the best interests of the individual.
Professional and Public Guardians
If no suitable family member or friend can serve, the court may turn to alternatives:
- Professional guardians: individuals who serve as guardians for multiple clients and are regulated under state law.
- Public guardians or local programs: in some counties, court-appointed public guardians may be available to step in when there is no one else.
These options are considered last, but they ensure that no incapacitated person is left without representation or care.
Disqualifications
Certain people are barred from being appointed as guardians, including:
- Individuals with a history of abuse, neglect, or exploitation.
- People who owe a debt to the proposed ward’s estate.
- Anyone involved in a lawsuit against the individual.
- Nonresidents of Texas who do not have a registered agent within the state.
By laying out both qualifications and disqualifications, the court ensures that guardianship is entrusted only to someone who can act responsibly, ethically, and in the best interest of the person under care.
Filing the Initial Application in Court
The process begins with a legal filing in the probate court of the county where the person resides. This document is called an application for guardianship. It asks the court to recognize that the person cannot manage personal or financial matters and needs a guardian.
The application must include:
- Basic information about both you and the person needing a guardian.
- A description of why guardianship is necessary.
- Medical or professional documentation that supports the claim of incapacity.
This filing sets the legal process in motion. The court will review the application and schedule hearings before any decision is made.
The Court’s Investigation and Evaluations
Once the application is filed, the court requires an investigation. Texas law directs that an attorney ad litem be appointed to represent the interests of the person alleged to need a guardian. This ensures that their rights are protected during the process.
Additionally, the court may require:
- A physician’s certificate verifying incapacity.
- A court investigator’s report on the living situation.
- A review of whether alternatives to guardianship are possible, such as powers of attorney or supported decision-making agreements.
This investigation is a safeguard against unnecessary or overly restrictive guardianships.
What to Expect During the Hearing
After the investigation, the court holds a hearing. You must attend and present your case, along with any supporting documents and testimony. The proposed guardian may also need to testify about their qualifications.
The judge will consider several factors:
- Whether the person truly lacks the ability to manage affairs.
- Whether less restrictive options exist.
- Whether you are qualified and willing to serve as guardian.
If the judge agrees that guardianship is necessary, the court will issue an order formally appointing you as guardian and outlining your powers and responsibilities.
Duties and Reporting After Appointment
Being a guardian comes with ongoing duties. Once appointed, you do not simply hold authority without oversight. Instead, the court monitors how you carry out your responsibilities.
You may be required to:
- File an inventory of the individual’s property if you are guardian of the estate.
- Submit annual reports on the person’s well-being.
- Provide financial accountings that show how money has been managed.
These reports help ensure transparency and protect the rights of the person under guardianship. Failing to meet these requirements could result in penalties or even removal as guardian.
Costs and Financial Obligations to Consider
Guardianship is not without expense. Costs may include:
- Court filing fees.
- Attorney fees for both you and the attorney ad litem.
- Medical evaluation costs.
- Ongoing expenses for required reports.
While some costs may be paid from the estate of the person under guardianship, others may fall on you. It is important to be financially prepared for these obligations before starting the process.
Alternatives the Court May Look At First
Guardianship should be viewed as a last resort. Courts in Texas are required to consider less restrictive alternatives before granting guardianship. These alternatives might include:
- Durable power of attorney: Allows someone to make financial or medical decisions.
- Supported decision-making agreement: Gives the individual help in making decisions while retaining independence.
- Joint bank accounts or trusts: Provide financial management without full guardianship.
If these tools can meet the needs of the individual, the court may deny guardianship in favor of them.
Preparing Yourself for the Demands of Guardianship
Before you apply, it helps to consider whether you can meet the ongoing demands of guardianship. You must be ready to:
- Manage time-consuming reporting requirements.
- Make difficult decisions about medical care or finances.
- Balance the individual’s autonomy with their need for protection.
If you are not sure whether you can manage these duties, it may be worth discussing alternatives or seeking support from professional services.
Conclusion
Securing guardianship is a serious legal step with lasting consequences. The process is designed to protect the rights of vulnerable individuals while ensuring they receive proper care. If you are considering taking on this responsibility, you now know how the court evaluates applications, the obligations you would carry, and the alternatives the court may explore first. By preparing carefully and understanding the expectations, you can make informed decisions about whether guardianship is the right path.
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Frequently Asked Questions
It can take several months from filing to final court approval, depending on how quickly evaluations and hearings are scheduled.
While not strictly required, most courts expect applicants to work with an attorney because of the complexity of the process and required filings.
Yes. Courts may grant temporary guardianship in emergencies where immediate decisions must be made, but these usually last only a short time.
Yes. If the court finds that guardianship is no longer necessary or that the guardian is not fulfilling their duties, it can terminate or modify the arrangement.
A power of attorney is created voluntarily, while guardianship is imposed by a court when the individual is found unable to make decisions for themselves.
