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If someone you care for is no longer able to make decisions about medical care, living arrangements, or finances because of a disability, illness, or loss of capacity, you may find yourself in a position where guardianship becomes necessary. Through guardianship, a court gives you the legal authority to step in and manage those important areas of their life. Before you take this step, it is important to understand the rules and procedures that Texas law requires, so you know what to expect throughout the process.
This article explains how to get guardianship of an adult in Texas from start to finish. You will learn the legal standards, the steps involved, what the court looks for, and what to expect along the way. By understanding each stage, you can better prepare for what lies ahead.
Now, let’s break down the process in detail.
- Who Can Serve as a Guardian and Legal Requirements You Must Meet
- Filing the Initial Petition: How the Process Begins
- What Happens During the Court’s Review and Hearing
- Duties You Take On After Being Appointed Guardian
- Expected Costs and Timelines for Guardianship Cases
- Alternatives the Court Considers Before Granting Guardianship
- Common Challenges Families Face During the Guardianship Process
Who Can Serve as a Guardian and Legal Requirements You Must Meet
Not everyone can be a guardian. Texas courts require proof that you meet certain qualifications.
You must:
- Be at least 18 years old
- Not have a history of serious criminal convictions
- Demonstrate the ability to provide proper care and management
The court also prioritizes close relatives, such as parents, adult children, or siblings. If no family member is suitable or available, the court can appoint another qualified person or, in rare cases, a professional guardian.
The law focuses on the adult’s best interests, so the court weighs your relationship, your history of involvement, and your ability to handle the duties.
Filing the Initial Petition: How the Process Begins
You cannot simply request guardianship informally or by agreement within the family. The court must formally authorize it, and that authorization begins with filing the proper documents in the county where the adult lives. This step is critical because it establishes the legal record the court will rely on when reviewing your request.
The initial filing typically contains several important elements:
- Petition for Guardianship : This document lays out why guardianship is necessary. It describes the adult’s condition, the areas where they need support, and the type of guardianship you are requesting. The petition must be clear and specific, as vague statements will not be enough.
- Medical or Psychological Evaluation : A licensed physician or psychologist must provide a written evaluation that demonstrates the adult’s inability to make decisions independently. This evaluation is central to the case and usually must be completed within a set timeframe before filing.
- Statement of Proposed Duties : You must explain exactly what responsibilities you intend to take on, whether they relate to healthcare, living arrangements, financial management, or all three.
In addition to these documents, courts often require a sworn affidavit to confirm the truth of the information you provide. Some counties also ask for background checks on potential guardians to ensure you are eligible.
Filing the petition also involves paying filing fees, which vary by county. If costs are a concern, the court allows you to request a waiver or reduction based on financial hardship.
Once submitted, the petition is assigned a case number and entered into the court system. This step officially begins the guardianship case, setting the stage for notices to be sent out, an attorney to be appointed for the adult, and eventually, a hearing date to be scheduled.
By treating this stage carefully and making sure all required documents are accurate and complete, you reduce the chance of delays or requests for corrections later in the process.
What Happens During the Court’s Review and Hearing
After your petition is filed, the court begins a thorough review to ensure guardianship is truly necessary. This step is not a formality. It is where the court balances your request against the adult’s legal rights and independence. The court’s duty is to protect the adult, so the process is deliberate and involves several safeguards.
1. Appointment of an Attorney Ad Litem
The court appoints an attorney, known as an attorney ad litem, to represent the adult. This attorney’s role is to meet with the adult, review the petition, and report back to the judge on whether guardianship seems appropriate. They may also challenge your request if they believe it is not in the adult’s best interest, so expect this step to add an extra layer of review.
2. Notice and Service Requirements
You must notify the adult, along with certain family members, that a guardianship petition has been filed. This notice must follow strict rules for delivery, often through formal service of process. The purpose is to give the adult and their relatives a chance to respond, either by agreeing with your request or by contesting it.
3. The Hearing Before the Judge
Once notice is given, the court sets a hearing date. At this hearing, you will present evidence showing that guardianship is needed. Evidence often includes:
- The medical or psychological evaluation that documents incapacity.
- Testimony from you and possibly other family members about the adult’s inability to manage daily affairs.
- Statements from healthcare providers or other professionals.
The adult has the right to attend the hearing, and in some cases, the judge may ask them questions directly. If there are objections from family members or the adult, the hearing may involve cross-examination and witness testimony.
4. Court’s Final Decision
After reviewing all evidence, the judge decides whether guardianship is necessary. The court does not automatically approve petitions—it weighs whether less restrictive alternatives, such as powers of attorney or supported decision-making agreements, could be sufficient. If the judge finds those options inadequate, they will grant guardianship and specify whether it covers the person, the estate, or both.
The order issued by the court outlines the guardian’s scope of authority and responsibilities. From that moment forward, the guardian must act under court supervision.
This review process is designed to protect the adult’s rights and to ensure guardianship is granted only when no other option will adequately safeguard their well-being.
Duties You Take On After Being Appointed Guardian
Being granted guardianship is not the end. Once appointed, you have ongoing duties.
If you are the guardian of the person, you must:
- Make healthcare and living decisions
- Ensure the adult receives appropriate support and services
If you are the guardian of the estate, you must:
- Manage money, assets, and bills responsibly
- File annual reports with the court
- Keep records of all financial activity
Failing to meet these responsibilities can result in court review, removal, or penalties. Guardianship is a continuing commitment, not a one-time event.
Expected Costs and Timelines for Guardianship Cases
Guardianship requires both time and money. While costs vary by county and circumstances, you should expect expenses for:
- Court filing fees
- Attorney representation
- Medical evaluations
- Ongoing reporting requirements
The timeline also depends on the case. Some petitions are resolved within a few months, while more complex cases involving disputes may take longer. It is best to prepare for a process that requires patience and persistence.
Alternatives the Court Considers Before Granting Guardianship
Courts often prefer alternatives to guardianship when possible. These alternatives give the adult more independence while still providing support. Options may include:
- Durable Power of Attorney: Allows someone to make financial decisions on behalf of the adult.
- Medical Power of Attorney: Authorizes healthcare decisions without a guardianship.
- Supported Decision-Making Agreement: Lets the adult retain rights while receiving help making choices.
These alternatives may not always apply, but the court will review them before granting guardianship.
Common Challenges Families Face During the Guardianship Process
The guardianship process is not always straightforward. You may encounter challenges such as:
- Family disputes: Other relatives may disagree on who should serve as guardian.
- Court scrutiny: Judges examine your qualifications closely.
- Emotional strain: Seeking guardianship over a loved one can be emotionally difficult.
Understanding these challenges ahead of time can help you prepare for them. Having clear documentation, medical evaluations, and family cooperation often makes the process smoother.
Conclusion
Guardianship is a serious legal arrangement that requires court approval, detailed evidence, and ongoing responsibility. If you are asking yourself how to get guardianship of an adult in Texas, the answer lies in understanding the law, preparing strong documentation, and being ready to take on the duties long-term.
By knowing the requirements, steps, and responsibilities, you place yourself in a stronger position to handle this process effectively and responsibly.
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Frequently Asked Questions
It is not legally required, but because the process involves formal petitions, hearings, and strict court rules, most people use an attorney.
It depends on the case, but generally, it may take several months. Contested cases or cases with missing paperwork may take longer.
Yes. Courts can grant temporary guardianship in urgent situations until a full hearing is held.
Not always. Guardianship can be modified or terminated if the adult’s condition improves or if the guardian is unable to fulfill duties.
In such cases, the court may appoint a public or professional guardian to protect the adult’s interests.
