Skip to content 
Before a court appoints someone as a legal guardian, there’s a formal process in place to determine whether guardianship is truly necessary—and if so, who is best suited to take on that role. This process is known as the guardianship evaluation. Whether you’re applying to become a guardian for an elderly parent, a minor, or an adult with disabilities, the evaluation plays a key role in protecting the person who may need a guardian.
Texas law places high importance on this step because it helps courts make informed decisions based on the proposed ward’s specific condition, needs, and rights. The outcome of this evaluation can significantly influence the court’s final ruling.
Let’s break down how the Guardianship Evaluation Process in Texas works, what to expect at each stage, and how to prepare effectively.
- What Is the Guardianship Evaluation Process in Texas?
- Who Can Conduct the Evaluation?
- What Does the Evaluation Look for?
- What Is the Certificate of Medical Examination (CME)?
- Functional Evaluations in Minor or Intellectual Disability Cases
- What Happens After the Evaluation Is Submitted?
- How to Prepare for the Guardianship Evaluation
- Can the Evaluation Be Challenged?
- What If the Proposed Ward Objects?
- Evaluation Requirements in Emergency or Temporary Guardianship
- Final Considerations Before the Court Hearing
What Is the Guardianship Evaluation Process in Texas?
The Guardianship Evaluation Process in Texas is a court-mandated assessment designed to evaluate the capacity of the proposed ward (the person for whom guardianship is sought). It helps determine:
- Whether the individual truly lacks the capacity to make decisions on their own
- Whether guardianship is the least restrictive option available
- Who should serve as the guardian, if necessary
The evaluation is required by Texas Estates Code §1101.103 and must be completed by a qualified professional, typically a licensed physician, psychologist, or certified social worker familiar with capacity assessments.
This professional then prepares a written report called a Certificate of Medical Examination (CME) or a functional evaluation, depending on the ward’s condition and the type of guardianship requested.
Who Can Conduct the Evaluation?
The court will only accept evaluations performed by professionals with specific credentials. This is to ensure the evaluation is based on a qualified, impartial medical or psychological opinion.
Acceptable professionals include:
- Licensed physicians (especially for physical or cognitive impairments)
- Psychologists (especially when mental capacity is questioned)
- Advanced practice registered nurses (under physician supervision)
- Certified specialists in geriatric or psychiatric care
In some counties, the court may maintain a list of approved evaluators. It’s a good idea to check local rules or consult with an attorney familiar with your county’s probate court.
What Does the Evaluation Look For?
The guardianship evaluation centers on determining whether the proposed ward is capable of managing personal and financial matters independently. It also helps the court understand the scope of any impairments and whether less restrictive alternatives to guardianship may be appropriate.
Assessment of Cognitive and Executive Function
Evaluators look closely at how well the individual can process, retain, and apply information. This includes:
- Short-term and long-term memory
- Logical reasoning and problem-solving
- Attention span and ability to concentrate
- Judgment when making choices or weighing consequences
If the person struggles in these areas, it may suggest diminished capacity to handle tasks that involve risk, planning, or decision-making.
Evaluation of Daily Living Skills
The evaluator assesses the individual’s ability to manage daily personal tasks without assistance. These are known as Activities of Daily Living (ADLs) and may include:
- Dressing, grooming, and personal hygiene
- Preparing meals and eating independently
- Taking prescribed medications as directed
- Maintaining a clean and safe living space
The inability to consistently perform these activities could suggest a need for assistance or supervision.
Financial Awareness and Basic Money Management
Financial mismanagement can be one of the earliest signs of diminished capacity. The evaluator may explore the person’s:
- Understanding of banking, bills, and budgetin
- Ability to identify and avoid scams or financial abuse
- Awareness of income sources and monthly obligations
- Capacity to grant or revoke power of attorney responsibly
Even if the person is physically healthy, mental confusion in this area may justify limited guardianship focused on estate management.
Communication and Expression of Needs
Clear communication is essential for independent decision-making. The evaluator will consider whether the individual can:
- Make choices and explain preferences
- Understand questions and provide coherent responses
- Comprehend the consequences of decisions
- Signal discomfort or distress appropriately
Difficulty in expressing consent or objection may raise concerns about vulnerability.
Risk Awareness and Personal Safety
Another key area involves the person’s ability to protect themselves from harm or neglect. This includes:
- Recognizing unsafe situations or environments
- Responding to emergencies appropriately
- Avoiding exploitation by others
- Making safe decisions about living arrangements or relationships
If the proposed ward cannot identify danger or act in their own best interest, the evaluator may recommend more supervision.
Consideration of Emotional and Mental Health Factors
Mental health conditions, such as depression, anxiety, or delusional thinking, can affect decision-making. Evaluators may take note of:
- Emotional stability during the assessment
- Whether the person experiences confusion, paranoia, or delusions
- The presence of a diagnosed psychiatric condition impacting capacity
These factors don’t always lead to guardianship but are weighed alongside the person’s overall functioning.
Medical or Physical Conditions Affecting Function
Physical impairments can also contribute to the need for guardianship, especially when they limit mobility, communication, or access to care. The evaluator may assess:
- Whether the person is physically able to meet their basic needs
- How chronic illness, brain injury, or sensory loss affects independence
- Whether assistive devices or home modifications could reduce dependency
This information helps the court determine if guardianship is needed or if support systems can be enhanced without removing rights.
What Is the Certificate of Medical Examination (CME)?
In most adult guardianship cases, the evaluator will complete a Certificate of Medical Examination using the official Texas probate court form. This form must be:
- Completed within 120 days before filing the application
- Submitted before the hearing date
- Detailed, factual, and signed by the evaluator
The CME outlines whether the person has a condition that impairs their decision-making, whether those impairments are likely to continue, and whether guardianship is recommended.
If the proposed ward refuses to participate, the evaluator must state that refusal and provide reasoning based on available information.
Functional Evaluations in Minor or Intellectual Disability Cases
When seeking guardianship of a minor with severe disabilities turning 18, or an adult with intellectual or developmental disabilities, a functional evaluation may be required instead of or in addition to a medical examination.
This type of assessment focuses on:
- Communication skills
- Educational capacity
- Self-care and independence
- Need for supervised living arrangements
These evaluations are usually performed by a psychologist or licensed specialist in school or behavioral psychology.
What Happens After the Evaluation Is Submitted?
Once the guardianship evaluation is submitted to the court, it becomes part of the record used to decide the case. The judge will carefully review the evaluator’s report before making a ruling. In most cases, the following steps occur next:
- The attorney ad litem (appointed to represent the ward) will review the evaluation
- The court investigator (if appointed) may follow up on its findings
- The judge may ask questions or request clarification from the evaluator during the hearing
If the evaluation does not support guardianship, the court is unlikely to approve the application unless strong evidence proves otherwise.
How to Prepare for the Guardianship Evaluation
If you’re applying to be someone’s guardian, you don’t need to be involved in the medical exam directly. However, you can prepare by:
- Ensuring the proposed ward attends the appointment
- Providing medical records or relevant history (with their consent)
- Cooperating with the evaluator if more information is requested
While the evaluation must be impartial, the evaluator may consider third-party reports, care plans, or social histories that give context to the ward’s condition.
Can the Evaluation Be Challenged?
Yes. If a party to the guardianship case disagrees with the evaluation, they may request a second opinion or raise objections during the court hearing. Common reasons to challenge include:
- Disagreement with the conclusion (e.g. evaluator says guardianship isn’t needed)
- Belief that the evaluation was incomplete or biased
- Evidence of evaluator conflict of interest
The judge has discretion to order an additional evaluation or allow both sides to present their own assessments for comparison.
How Long Does the Guardianship Evaluation Process Take?
The timeline depends on scheduling availability and the court’s requirements. Here’s a general estimate:
- Scheduling the evaluation: 1–3 weeks
- Conducting the exam: 1 day (usually 1–2 hours)
- Receiving the completed report: within 1–2 weeks
- Court review and hearing: varies by county but often 2–6 weeks after report submission
You should factor in at least 30–45 days when planning your guardianship case timeline, though some courts move faster depending on docket availability.
What If the Proposed Ward Objects?
The proposed ward has a legal right to object to guardianship. If they do, the evaluation becomes even more critical. The court will consider:
- The evaluator’s findings on decision-making ability
- The ward’s testimony (if capable of appearing in court)
- Input from attorneys and court-appointed investigators
In contested cases, both parties may submit independent evaluations, and the court may appoint a neutral expert for a third-party assessment.
Evaluation Requirements in Emergency or Temporary Guardianship
In urgent situations where immediate protection is needed, courts can issue temporary guardianship orders even without a completed evaluation. However:
- The evaluation must still be conducted soon after
- The order may be limited to 60–90 days
- The court must be satisfied that the ward faces imminent risk
Emergency cases often rely on hospital or care facility reports until a full evaluation can be completed.
Final Considerations Before the Court Hearing
Before your hearing, make sure the evaluation is:
- Complete, signed, and dated
- Submitted to the correct court (often electronically via eFileTexas)
- Shared with the attorney ad litem and other interested parties
If the court questions the evaluation’s accuracy or thoroughness, your case may be delayed. Keeping communication open with your evaluator and attorney helps reduce setbacks.
Why the Guardianship Evaluation Matters
The Guardianship Evaluation Process in Texas ensures that no one loses their rights without careful, evidence-based review. Whether you’re seeking to protect a vulnerable adult or plan ahead for a child with special needs, understanding this process helps you act responsibly and in compliance with the law.
While it may seem like just one step in a larger court procedure, this evaluation often becomes the most influential part of the case. Preparing thoroughly and respecting its importance can make all the difference in your petition’s outcome.
Other Related Posts
- Guardianship Application Process in Texas: Step-by-Step Legal Overview
- Special Needs Trust vs Supplemental Needs Trust: What’s the Real Difference?
- Should You Create a DIY Revocable Living Trust? What You Need to Know
- Understanding Adult Guardianship Requirements in Texas
- Advantages of a Revocable Living Trust: Why It May Be Right for You
- What Is the Purpose of a Living Will? Your Medical Wishes in Writing
- Understanding Medical Guardianship in Texas
- Revocable Living Trust Pros and Cons You Should Seriously Weigh
- How to Draft a Living Will Without Getting Overwhelmed: Texas Essentials
- Special Needs Trust Eligibility Requirements You Should Understand
- What Can a Special Needs Trust Be Used For: Practical Uses You Should Know
- Your Guide on How to File for Guardianship in Texas and What to Expect in Court
Frequently Asked Questions
It must be completed no more than 120 days before the application is filed with the court.
Yes, if they are a licensed physician and experienced in assessing decision-making capacity. However, some courts prefer specialists in geriatrics or psychiatry.
The evaluator can still prepare a report based on available information, and the court may appoint another expert or hold a hearing to decide the next steps.
Not always. Most minor guardianships are based on parental unavailability. However, if the child has a significant disability turning 18, an evaluation may be necessary.
It becomes part of the court record, which may be available to involved parties. Sensitive medical details are generally protected, but the summary conclusions are used in the court’s decision.
