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Taking legal responsibility for someone who can’t make decisions on their own is never a decision you take lightly. Whether you’re caring for an elderly parent, a child with disabilities approaching adulthood, or a loved one in sudden medical crisis, filing an application for guardianship in Texas may be the step you need to protect their well-being. This legal process allows you to request court approval to make medical, personal, and financial choices on their behalf.
Before you move forward, it’s important to understand how guardianship works in Texas, when it’s appropriate, what the courts require, and what to expect from the process. We’ll walk you through each stage, from early signs that guardianship might be needed to what happens after the court makes a decision.
- Understanding the Basics
- When Should You File an Application for Guardianship in Texas?
- What Are the Legal Requirements for Filing?
- Steps to File an Application for Guardianship in Texas
- Types of Guardianship You Can Apply For in Texas
- What Happens After the Application Is Approved?
- How Long Does the Guardianship Application Process Take?
- How Much Does It Cost to Apply for Guardianship in Texas?
- What to Consider Before Starting the Process
Understanding the Basics
Texas courts handle guardianship through the probate system. But not just anyone can apply, and not every situation requires full guardianship. That’s why it’s important to understand what guardianship is and when it’s appropriate.
Before submitting an application, you need to determine if guardianship is actually needed. Courts in Texas prefer less restrictive alternatives such as power of attorney or supported decision-making agreements, especially for adults with disabilities. The court will only grant guardianship when it’s the least restrictive means of protecting someone.
When Should You File an Application for Guardianship in Texas?
You may need to file an application for guardianship in Texas in several situations:
- A child with a disability is turning 18 and cannot make decisions independently.
- An elderly parent is experiencing memory loss or cognitive decline.
- A loved one has suffered a serious injury or illness that affects decision-making.
- A minor child’s parents are no longer able to care for them.
If you believe someone in your care is at risk of harm without legal protection, the court may allow you to seek guardianship. But first, the court will review whether that person truly lacks capacity and whether a less formal solution would work.
What Are the Legal Requirements for Filing?
Texas law requires you to meet specific conditions before filing an application for guardianship in Texas. Here’s what the court expects you to establish:
- The ward is incapacitated: You must show the proposed ward is unable to make decisions due to a physical or mental condition.
- You are qualified: You must be at least 18 years old, not have a criminal record of certain offenses, and be able to manage another person’s affairs responsibly.
- No alternatives are available: Texas courts require that less restrictive alternatives be considered first.
- Medical documentation is required: A medical exam must be completed within 120 days before filing. The examining physician must complete a “Certificate of Medical Examination” to support your claim.
Applications must be filed in the county where the proposed ward lives. The court may assign a court investigator or guardian ad litem to look into the situation and protect the ward’s interests during the process.
Steps to File an Application for Guardianship in Texas
Filing an application for guardianship in Texas involves several specific steps. Each one must be completed in the correct order for your petition to be considered:
- Hire a licensed attorney: Texas law requires applicants to be represented by a lawyer, except in rare cases. The attorney files the application in probate court.
- Gather medical evidence: Secure a Certificate of Medical Examination showing that the proposed ward lacks capacity.
- File the application: The attorney will submit the application in the probate court of the ward’s county.
- Serve legal notice: Interested parties such as family members must be notified of the proceeding.
- Undergo background checks: Fingerprints and criminal background checks are required before appointment.
- Attend a hearing: The judge will evaluate the evidence and hear testimony from all relevant parties.
- Complete training: If approved, you’ll need to complete a guardianship training course through the Judicial Branch Certification Commission (JBCC).
- Post bond: Depending on the type of guardianship, a bond may be required to ensure the ward’s finances are protected.
Once all steps are completed and the court grants guardianship, you’ll receive Letters of Guardianship. These official documents prove you have legal authority over the ward.
Types of Guardianship You Can Apply For in Texas
Your application for guardianship in Texas must specify the type of guardianship you’re seeking. Courts offer several options:
- Guardianship of the Person: Grants authority to make personal and medical decisions for the ward.
- Guardianship of the Estate: Covers financial matters and property management.
- Full Guardianship: Gives full control over both personal and financial affairs.
- Limited Guardianship: Grants specific powers and allows the ward to retain some decision-making ability.
- Temporary Guardianship: Allows urgent action for immediate risks, usually lasting 60 days or less.
Each type of guardianship requires evidence that it is necessary and appropriate under the circumstances.
What Happens After the Application Is Approved?
If your application for guardianship in Texas is approved, you take on legal responsibilities for the ward. This includes:
- Making regular reports to the court
- Renewing Letters of Guardianship every year
- Filing an annual report (for personal guardianship) or annual account (for estate guardianship)
- Keeping records of decisions and expenses
- Seeking court approval for major actions like selling property or changing residence
Failing to fulfill your duties could lead to removal or legal consequences. Guardianship is not a one-time responsibility—it requires ongoing accountability.
How Long Does the Guardianship Application Process Take?
The timeline varies depending on the type of guardianship and the court’s caseload. Generally:
- Emergency or temporary guardianship: Can be granted within days if there’s an immediate threat.
- Standard adult or minor guardianship: May take several weeks to months.
- Contested cases: If other parties object, the process may involve lengthy court hearings and delays.
If the court appoints a guardian ad litem or court investigator, that also adds time to the process.
How Much Does It Cost to Apply for Guardianship in Texas?
The cost of an application for guardianship in Texas includes several components:
- Filing fees: Vary by county but often range from $300 to $500.
- Attorney fees: These depend on the complexity of the case and can range into thousands.
- Court-appointed services: Includes fees for the guardian ad litem, court investigator, or medical evaluations.
- Training and background checks: These also have associated costs, although some counties waive fees for indigent applicants.
In some cases, the ward’s estate can cover these expenses, but the court must approve it.
What to Consider Before Starting the Process
Before filing an application for guardianship in Texas, take time to assess your readiness and the potential impact:
- Are you prepared for the long-term commitment this role involves?
- Have you ruled out alternatives like a power of attorney, supported decision-making agreement, or a joint bank account?
- Can you provide a safe, stable, and supportive environment for the ward?
- Do you understand your duties and the legal expectations placed on you?
Filing for guardianship is not just a formality. It changes another person’s legal rights and adds new responsibilities to your life. The court will expect you to act in the best interest of the ward at all times.
Conclusion
Filing an application for guardianship in Texas is a serious step that gives you legal responsibility over another person’s life. It’s a process that involves court approval, professional representation, detailed documentation, and ongoing oversight. Before filing, make sure that guardianship is the most suitable solution and that you’re willing and able to meet the obligations that come with it. Understanding your duties and the structure of Texas guardianship law is essential if you want to protect someone who can’t protect themselves.
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FAQs About Application for Guardianship in Texas
Yes. Texas law requires that the applicant be represented by a licensed attorney to file in probate court.
You may begin preparing shortly before their 18th birthday, but the application can only be filed once they reach legal adulthood.
You’ll need a Certificate of Medical Examination, proposed order, and the completed application form. Your lawyer will help you compile everything required.
Emergency or temporary guardianship usually lasts up to 60 days and is only granted in situations where there’s a proven immediate risk.
Yes, co-guardianships are allowed if both applicants qualify and the court believes it’s in the ward’s best interest.
