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When a loved one is no longer able to make decisions for themselves due to disability, illness, or incapacity, you may need to ask the court to appoint a legal guardian. Guardianship is a serious responsibility, as it gives one person authority to make decisions about another person’s personal care, finances, or both. Understanding how the process works before starting can help you prepare thoroughly and avoid unnecessary delays.
Filing for guardianship in Texas follows a set of legal procedures, with the court closely reviewing each case to ensure it is necessary and in the best interest of the proposed ward. Below is a detailed look at how the process works, what the courts require, and what you can expect at each stage.
- Understanding Guardianship Before You File
- Steps for Filing for Guardianship in Texas
- What the Court Considers
- After You File and the Judge Grants Guardianship
- Costs and Considerations
Understanding Guardianship Before You File
What Guardianship Means
Guardianship is a legal arrangement where a court grants someone (the guardian) authority to make decisions for another person (the ward). The ward may be a minor, an adult with a disability, or an elderly person who can no longer manage personal or financial matters. Guardianship can be:
- Guardian of the Person: Handles personal decisions like medical care, living arrangements, and education.
- Guardian of the Estate: Manages money, property, and financial transactions.
Some cases involve both types, depending on the ward’s needs.
When Filing for Guardianship in Texas Becomes Necessary
The court only approves guardianship if there is clear evidence that the person cannot make safe, informed decisions. Common situations include:
- A child who loses both parents
- Adults with intellectual or developmental disabilities turning 18
- Seniors with dementia or severe cognitive decline
- Accident survivors with traumatic brain injuries
Judges always look for less restrictive alternatives first, such as powers of attorney or supported decision-making agreements. If those are not enough to keep the person safe, guardianship becomes the next step.
Steps for Filing for Guardianship in Texas
Step 1: Preparing the Application
The first and most important step is preparing a thorough petition. Courts look closely at the details provided, so precision matters. Your petition must include:
- Identifying Information: Names, addresses, and contact details for the proposed guardian, the proposed ward, and any known relatives.
- Reason for Guardianship: A clear statement explaining why guardianship is necessary, supported by factual examples (for instance, unpaid bills, medical neglect, or unsafe living conditions).
- Type of Guardianship Requested: Indicate whether you are seeking guardianship of the person, the estate, or both, and whether you are requesting limited or full authority.
- Alternatives Considered: Courts require proof that you evaluated less restrictive measures, such as powers of attorney, representative payee arrangements, or supported decision-making agreements, and explain why these were insufficient.
If the ward is an adult, you must attach a Physician’s Certificate of Medical Examination (PCME) completed within 120 days of filing. The doctor must address the ward’s ability to handle daily living activities, financial decisions, and medical consent. Many courts prefer that the PCME be from a physician familiar with the ward’s medical history, which adds weight to its credibility.
You may also need to collect supporting documents, such as financial statements, medical records, or incident reports, to strengthen your petition.
Step 2: Filing with the Court
Once your petition is complete, it must be filed in the proper court — usually the probate court or county court at law where the ward lives. Be prepared to pay filing fees, which typically cover:
- The court clerk’s processing of your case
- Issuance of legal notices to interested parties
- Docketing the case for a hearing
Many counties require that guardianship applicants also submit to a criminal background check and complete a guardianship training course before the court will approve the petition. Some courts allow these requirements to be fulfilled after filing but before the hearing date.
When the petition is filed, the court officially opens a guardianship case and assigns it a cause number. This number is used to track every filing, notice, and order in the case moving forward.
Step 3: Appointment of an Attorney Ad Litem
Texas law mandates the appointment of an attorney ad litem for every proposed ward. This attorney’s role is to safeguard the ward’s rights and provide an independent perspective for the judge. The ad litem will:
- Meet with the ward to explain the proceedings and confirm their wishes
- Interview family members, caregivers, and other relevant parties
- Review medical records and the PCME
- Investigate any potential conflicts of interest
At the hearing, the attorney ad litem presents findings and may recommend whether guardianship should be granted and who should serve as guardian. This step is especially important if the proposed ward objects to the guardianship or requests a specific person to be appointed.
Step 4: Notice to Relatives
Texas law requires that certain relatives be notified about the guardianship proceedings before a hearing can occur. This typically includes:
- Adult children of the ward
- Parents, siblings, or other next of kin
- Anyone currently caring for the ward
Notice is usually given through certified mail, personal service by a process server, or publication in a local newspaper if relatives cannot be located. This step ensures transparency and gives relatives the chance to participate, support, or contest the petition. If any relatives object, the case may require additional hearings or mediation before a final decision is made.
Step 5: Court Hearing
The hearing is the stage where all evidence and testimony are presented to the judge. Expect the following:
- Presentation of Evidence: This includes the PCME, witness testimony (which may include doctors, caregivers, or other family members), and any additional documentation supporting the need for guardianship.
Input from the Attorney Ad Litem: The ad litem shares their findings and recommendations, which carry significant weight with the court. - Questions from the Judge: The judge may ask you about your qualifications, your relationship to the ward, and your plan for fulfilling guardian duties.
If the judge is satisfied that guardianship is necessary and that you are an appropriate choice, they will issue an order appointing you as guardian. In contested cases, the judge may require additional hearings, order further medical evaluations, or appoint a guardian ad litem to gather more information.
What the Court Considers
Determining the Ward’s Best Interests
The court’s priority is to protect the ward’s well-being. Factors considered include:
- Whether the ward can make some decisions independently
- Whether less restrictive options can meet the ward’s needs
- The qualifications and suitability of the proposed guardian
Limited vs. Full Guardianship
Courts prefer to grant limited guardianships where possible. For example, you might receive authority only for medical decisions, leaving financial decisions to the ward if they can manage them.
After You File and the Judge Grants Guardianship
Issuance of Letters of Guardianship
If the judge approves, the court clerk issues Letters of Guardianship. This document serves as proof of your authority to act on behalf of the ward. Letters must be renewed annually to remain valid.
Ongoing Duties of a Guardian
Guardians must follow court-ordered responsibilities, which may include:
- Filing annual reports on the ward’s condition
- Providing an annual accounting of income and expenses (for estate guardians)
- Seeking court approval for major decisions, such as selling property
Failing to meet these obligations can result in removal as guardian.
Contesting or Modifying Guardianship
If another relative disagrees with the appointment or if circumstances change, they can petition the court to modify or terminate the guardianship.
Costs and Considerations
Filing and Court Costs
The cost of filing for guardianship in Texas includes:
- Court filing fees
- Attorney fees (for you and the court-appointed attorney)
- Medical examination fees
- Possible bond costs if managing an estate
Choosing the Right Guardian
If you are petitioning to be the guardian, consider your ability to handle the role long-term. The court may also consider alternate guardians or co-guardians if it serves the ward’s best interest.
Conclusion
Filing for guardianship in Texas is a serious decision that involves multiple legal steps, from preparing a detailed petition to attending a court hearing. Understanding what the court expects can help you prepare strong documentation and reduce delays. Whether you are seeking guardianship for a child, an adult with disabilities, or an aging parent, the process ensures that the ward’s rights and well-being remain protected.
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Frequently Asked Questions
Most uncontested cases take about 4–8 weeks after filing, though contested cases may take longer due to additional hearings.
It is strongly recommended. Guardianship cases are handled in probate courts, and judges expect filings to meet strict legal requirements.
Yes. Emergency or temporary guardianship can be requested if the ward is at immediate risk of harm to health, safety, or finances.
The judge may appoint a mediator, hold additional hearings, or review more evidence before deciding who should serve as guardian.
Yes. If the ward regains capacity or no longer needs a guardian, you or another interested party can petition the court to end the guardianship.
