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If you’re seeking legal authority to care for someone who can no longer make decisions independently, understanding how the guardianship application process works is essential. Whether the person in question is an elderly parent with cognitive decline, an adult child with special needs, or a minor without a legal caretaker, the process of establishing guardianship is designed to protect their interests while respecting their rights.
The legal steps aren’t quick or informal. Texas courts carefully evaluate guardianship applications to ensure that the person being protected, referred to as the proposed ward, actually needs the help and that the applicant is truly qualified to provide it.
Let’s break down the Guardianship Application Process in Texas into clear stages, so you can understand what’s required before, during, and after filing your case.
- When Guardianship May Be Needed
- Filing the Application with the Probate Court
- Notice and Service Requirements
- Court-Ordered Medical Examination
- Appointment of an Attorney Ad Litem
- Guardianship Hearing
- Bond and Oath Requirements
- Post-Appointment Duties
- Costs and Payment Considerations
When Guardianship May Be Needed
Before filing anything, it’s important to determine whether guardianship is legally necessary. Texas courts treat guardianship as a last resort and will consider less restrictive alternatives first.
Common reasons to file for guardianship:
- An elderly relative is suffering from dementia and can’t manage finances or health care.
- A young adult with intellectual disabilities turns 18 and no longer has a legal guardian.
- A minor is left without a parent due to death, incarceration, or incapacity.
The applicant must show that the proposed ward is “incapacitated,” meaning they are unable to care for themselves or make important decisions. This can be due to age, disability, or illness. In Texas, there are two main types of guardianship:
- Guardian of the Person: Makes medical and personal decisions.
- Guardian of the Estate: Manages finances and property.
Some cases may require both.
Filing the Application with the Probate Court
The guardianship application must be filed in the probate court of the county where the proposed ward resides. If the person is a minor, it can be filed in the same county where the child lives.
The application must include:
- Full name, address, and age of the proposed ward
- Statement of incapacity and supporting facts
- The proposed guardian’s relationship to the ward
- The proposed guardian’s name, address, and qualifications
- The requested type of guardianship (person, estate, or both)
This filing opens the guardianship case officially and sets the court process in motion. Once filed, the court clerk will issue a citation that must be served on the proposed ward and certain family members, giving them notice that a guardianship case is pending.
Notice and Service Requirements
Texas law requires that specific people be formally notified of the guardianship proceedings. This ensures transparency and gives those individuals an opportunity to appear in court or contest the application if they believe guardianship is unnecessary or the applicant is unfit.
Who Must Receive Notice
The law identifies specific individuals who must be notified, including:
- The proposed ward
- The ward’s spouse, parents, and adult siblings
- Anyone who currently has legal authority over the ward, such as someone with power of attorney
Providing notice to these individuals helps the court confirm that all parties with a direct interest in the ward’s welfare are informed.
Methods of Serving Notice
Notice must be delivered through official channels. Acceptable methods include:
- A constable or sheriff personally serving the notice
- A certified process server delivering the documents
The court does not accept informal delivery methods like email, regular mail, or hand-delivery by the applicant. Proof of service must be filed with the court before the hearing can move forward.
Timing and Deadlines for Service
Texas courts require that notice be served within a specific timeframe before the guardianship hearing. This period allows the proposed ward and interested parties sufficient time to review the application, seek legal advice if needed, and prepare any objections. Failure to meet these deadlines can delay the hearing or cause the application to be dismissed.
Purpose of Notice in Guardianship Cases
The notice requirement is not just procedural. It safeguards the due process rights of the proposed ward and ensures that guardianship is not granted without full awareness by those most directly affected. By requiring strict compliance, the court aims to prevent misuse of the guardianship process and protect individuals from unnecessary loss of rights.
Court-Ordered Medical Examination
A key part of the Guardianship Application Process in Texas is the requirement for a physician’s evaluation. The applicant must provide a Physician’s Certificate of Medical Examination (PCME) completed within 120 days of filing the application.
This document must:
- Be signed by a licensed physician
- Describe the proposed ward’s mental and physical condition
- State whether the ward is capable of making decisions independently
- Explain what type of guardianship is needed
Without a valid PCME, the court will not proceed with the application.
Appointment of an Attorney Ad Litem
After the application is filed, the court will appoint an Attorney Ad Litem to represent the proposed ward’s interests. This is mandatory in all adult guardianship cases in Texas.
The Attorney Ad Litem:
- Meets with the proposed ward
- Reviews medical records and the application
- Interviews the proposed guardian
- Files a report with the court based on their findings
The court heavily weighs the opinion of the Attorney Ad Litem when deciding whether to approve the guardianship.
Guardianship Hearing
The court will schedule a hearing to determine whether guardianship is appropriate. Both the applicant and the proposed ward (if able) must attend. Other interested parties may also appear, including relatives or objectors.
At the hearing, the judge will:
- Review the application and evidence
- Consider testimony from the physician, Attorney Ad Litem, and witnesses
- Question the proposed guardian’s qualifications
- Decide whether guardianship is necessary and, if so, what type
If no objections are raised and the evidence is clear, the judge may approve the application at the hearing.
Bond and Oath Requirements
If the court grants guardianship of the estate, the guardian must post a surety bond before receiving official authority. The bond is intended to protect the ward’s assets in case of mismanagement.
Once the bond is approved, the guardian must:
- Sign and file an oath to faithfully perform their duties
- Wait for the judge to issue Letters of Guardianship
These letters are the official proof of the guardian’s legal authority and are required to access bank accounts, make medical decisions, or sign documents on the ward’s behalf.
Post-Appointment Duties
The responsibilities don’t stop once the application is approved. Texas law imposes strict reporting and accountability requirements on court-appointed guardians.
Guardians of the person must:
- File an Annual Report on the ward’s well-being, living conditions, and services received
Guardians of the estate must:
- File an Inventory and Appraisement of the ward’s assets within 30 days
- Submit Annual Accountings to show how funds were spent
- Request court approval for major transactions
Failure to comply with these duties can result in removal as guardian or contempt of court charges.
How Long the Process Takes
The time it takes to complete the Guardianship Application Process in Texas varies depending on how complex the case is and whether anyone contests the application.
Here’s a rough timeline:
- Filing and service of application: 1 to 2 weeks
- PCME completion: within 120 days of filing
- Attorney Ad Litem appointment and review: 2 to 4 weeks
- Court hearing: usually held 4 to 6 weeks after filing
- Post-approval requirements: ongoing, annual reports and accountings
Contested cases or delays in paperwork can stretch this timeline further.
Costs and Payment Considerations
Guardianship cases involve court costs, attorney fees, medical evaluations, and potential bond premiums. While the applicant often pays upfront, Texas courts may order reimbursement from the ward’s estate if it has sufficient funds.
Some counties offer court-appointed guardianship programs for low-income individuals, and applicants may request that fees be waived in limited circumstances.
If you’re seeking guardianship over a loved one with minimal assets, you should be prepared for these costs unless legal aid or county services are available.
Conclusion
The Guardianship Application Process in Texas is not something to take lightly. Courts are highly protective of individual rights and will only approve guardianship if it’s truly necessary. That said, the process is clear, well-regulated, and designed to balance protection with dignity. Understanding every step—from application to final approval—can help you prepare, avoid missteps, and act in the best interest of someone who needs help managing their life and affairs.
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Frequently Asked Questions
Filing fees vary by county but typically range between $250 to $400. Additional costs may include attorney fees, physician evaluations, and bond premiums.
Guardianship can be temporary or permanent. Permanent guardianships typically remain in place until the ward dies or the court decides it’s no longer needed.
Yes. Family members or others with interest in the ward’s welfare can object. The court will consider all objections during the hearing.
While it’s possible to file without one, guardianship cases are complex and involve strict legal procedures. Most applicants hire a probate attorney.
Failing to submit reports can lead to penalties, removal as guardian, or contempt of court. The court may also require restitution for any mishandled funds.
