Legal Requirements for Guardianship in Texas for Adults and Minors

Establishing guardianship is a serious legal step that gives one person the authority to make decisions for another who can no longer do so themselves. In Texas, guardianship is typically sought for adults with incapacities or for minors who lack a responsible adult to care for them. Whether you’re a concerned parent, a family member, or someone appointed by the court, understanding the requirements for guardianship in Texas is essential before starting the legal process.

Guardianship law in Texas is governed by strict rules set by the Texas Estates Code and monitored by the probate courts. Failing to meet these requirements can delay or derail a guardianship case. This article explains the qualifications, training, documentation, court involvement, and ongoing responsibilities involved, so you’re prepared to take the next step confidently.

• Who Can Qualify as a Guardian?
• Requirements for Guardianship of a Minor
• Requirements for Guardianship of an Incapacitated Adult
• Mandatory Training and Certification
• Criminal Background and Credit Checks
• Medical and Psychological Evaluations of the Ward
• Court Filing and Procedural Requirements
• Bond and Oath of Guardianship
• Ongoing Duties After Appointment
• Alternatives to Guardianship Must Be Explored First

Who Can Qualify as a Guardian?

To be appointed, you must meet a set of qualifications laid out in the Texas Estates Code. The court considers both legal eligibility and the best interest of the proposed ward (the person needing care).

Basic Qualifications:

• You must be at least 18 years old.
• You must be a U.S. citizen, a permanent resident, or legally present in the country.
• You must be of sound mind and not have a felony conviction (some exceptions may apply).
• You must not have conflicts of interest with the ward, such as financial incentives.

Priority of Appointment:

Texas courts follow a priority order for who may serve, especially in adult guardianships. The order generally looks like this:

1. A person previously designated by the proposed ward in a written declaration
2. A spouse
3. A parent
4. A child
5. Other close relatives
6. A qualified individual, nonprofit, or governmental entity if no family is available

However, even if someone has priority, the judge will always decide based on the proposed ward’s best interest.

Requirements for Guardianship of a Minor

When parents pass away, become incapacitated, or are legally unfit to care for their child, the court may appoint a guardian to assume responsibility. This ensures the child’s physical, emotional, and educational needs are met.

When Is Guardianship of a Minor Necessary?

The court may intervene when:

• Both parents are deceased
• A parent is incarcerated or missing
• There is evidence of abuse, neglect, or abandonment
• The child is living in an unstable or unsafe environment

In these cases, someone close to the child such as a grandparent, aunt, uncle, or even a family friend may file for guardianship to provide care and stability.

What the Court Looks For in Minor Guardianship Cases

To be considered, you must:

• Show that both parents are unavailable or legally unfit
• Prove that the appointment serves the child’s physical and emotional welfare
• Explain how your relationship to the child makes you a suitable guardian

Supporting documents such as affidavits, CPS records, and school or medical records may help reinforce your claims.

Required Documentation and Procedures

When applying, you must file:

• A verified application with the child’s demographic information
• A declaration of the child’s health, education, and current living situation
• Proof of your identity and relationship to the child (if applicable)

In some cases, courts will also request a home study or interview before making a final determination.

Voice of the Child in Guardianship Proceedings

For children who are 12 or older, their preference regarding who should be their guardian may be taken into account. This is typically shared in court during a private interview or through a written statement. While the court is not obligated to follow the child’s wishes, the judge will consider it along with all other evidence.

Requirements for Guardianship of an Incapacitated Adult

Guardianship of an adult may be necessary when the person has a physical or mental condition that prevents them from handling personal, medical, or financial decisions. Courts aim to protect the rights of the individual while ensuring they receive appropriate care.

Determining Legal Incapacity

To qualify for guardianship of an adult, the applicant must establish that the proposed ward:

• Is unable to understand or communicate decisions
• Lacks the ability to provide for their basic needs
• May be vulnerable to exploitation or harm without intervention

Conditions that may lead to incapacity include dementia, stroke, brain injury, severe mental illness, or intellectual disability.

Required Evidence: Medical Evaluation

The strongest piece of evidence in these cases is a Certificate of Medical Examination (CME) from a licensed physician. This must include:

• A diagnosis and description of the incapacity
• The effect of the condition on daily functioning
• Whether the incapacity is temporary, permanent, or progressive
• A physician’s statement confirming the need for guardianship

The report must be recent (no more than 120 days old) and must comply with the court-approved format.

Proving That Alternatives Are Inadequate

Before granting guardianship, the court will ask whether the proposed ward already has support systems or legal documents in place. You must show that less restrictive alternatives are not effective or available.

These might include:

• Existing powers of attorney that are outdated or revoked
• Supportive family members who are unable or unwilling to assis
• Supported decision-making agreements that no longer meet the person’s needs

You’ll need to provide clear documentation or testimony on why formal guardianship is necessary to protect the adult.

Mandatory Training and Certification

Before being appointed, all proposed guardians must complete a state-approved training course. This includes understanding legal duties, rights of the ward, alternatives to guardianship, and reporting requirements.

Where to Complete the Training:

• The Texas Judicial Branch Certification Commission (JBCC) provides a free online guardianship training module
• You’ll receive a certificate of completion that must be filed with the court before appointment

This rule applies to family members, professionals, and public guardians alike.

Criminal Background and Credit Checks

The court requires a full criminal background check, and in some cases, a credit history report.

Disqualifying Factors:

• Convictions for certain felonies or offenses involving abuse, neglect, or financial exploitation
• Ongoing bankruptcy or poor credit history (relevant in financial guardianship cases)

Exceptions may apply, but you must be transparent with all disclosures. The court has wide discretion in assessing your fitness for guardianship.

Medical and Psychological Evaluations of the Ward

For adult guardianship, a licensed physician must complete a Certificate of Medical Examination to prove the ward’s incapacity. In more complex cases, psychological or cognitive assessments may also be required.

For minors with disabilities, additional documents from treating doctors, therapists, or school professionals may help support the case.

Courts give considerable weight to these evaluations when deciding if guardianship is necessary or if a less restrictive alternative would suffice.

Court Filing and Procedural Requirements

To initiate a guardianship case, you must file a formal application in probate court. This includes:

• The proposed guardian’s full legal name and contact information
• The relationship to the ward
• The nature and extent of the ward’s incapacity or need
• Any existing legal documents, like powers of attorney or prior guardianship declarations

You must also serve notice to all legally interested parties. The proposed ward has the right to an attorney ad litem, who will represent their interest during the proceedings.

Once all documents are reviewed, a hearing will be scheduled where the judge will determine if guardianship is warranted.

Bond and Oath of Guardianship

Once the court approves the appointment, you must take a formal oath and post a bond. The amount is set by the judge and depends on the value of the ward’s estate and type of guardianship (person, estate, or both).

If you are serving only as guardian of the person and not managing finances, some courts may waive the bond requirement. But in estate guardianships, bonding is almost always mandatory.

Ongoing Duties After Appointment

Guardianship does not end with court approval. You have continuing obligations to ensure the ward’s safety, health, and financial well-being.

Key Responsibilities:

• File an inventory of assets (if you’re managing the estate)
• Submit an annual report on the ward’s condition
• File annual accountings for court review (for estate guardians)
• Notify the court of any major changes (address, finances, health)

Failing to comply with these duties may result in removal or legal penalties. In some cases, courts require guardians to attend refresher trainings or audits.

Alternatives to Guardianship Must Be Explored First

Before granting guardianship, the court must determine if any less restrictive options are available. You should be prepared to show why these alternatives are not viable.

Examples of alternatives include:

• Medical power of attorney
• Durable power of attorney
• Supported decision-making agreements
• Joint bank accounts or trusts
• Representative payees for Social Security benefits

Courts favor these tools if they offer the necessary protection without removing someone’s rights entirely.

Being Fully Prepared Matters

The requirements for guardianship in Texas are not just procedural steps. They are in place to protect the vulnerable and to ensure the person you’re seeking to help receives the right kind of care and oversight. Before you file, make sure you meet the qualifications, understand your legal obligations, and are prepared for long-term responsibilities.

It’s not a quick process, but with the right preparation, you can present your case clearly and effectively to the court.

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