Establishing guardianship is a serious legal step that involves court supervision, legal filings, and careful consideration of the individual’s needs and rights. In Texas, the process is handled through specific court procedures and governed by statutes in the Texas Estates Code. Whether you’re a concerned parent, adult child, or friend seeking to protect someone with diminished capacity, understanding how Texas courts handle guardianship applications is essential before initiating the process.
This article will guide you through how the court system handles guardianship petitions, the kinds of guardianships available, what documentation is needed, how the hearing works, and what to expect after a guardianship is granted.
Let’s start by looking at which courts handle these matters and how the structure supports guardianship oversight.
- How Texas Courts Handle Guardianship Applications
- Types of Guardianships Texas Courts Can Approve
- Required Documents in Texas Courts and Guardianship Applications
- What to Expect at the Guardianship Hearing
- Alternatives Courts May Require Before Granting Guardianship
- How Texas Courts Monitor Appointed Guardians
- When and Why a Guardianship Ends in Court
- Costs and Timelines in Texas Courts and Guardianship Applications
How Texas Courts Handle Guardianship Applications
Guardianship cases in Texas fall under the jurisdiction of probate courts or county courts with probate authority. In larger counties like Harris, Travis, or Dallas, statutory probate courts are often designated to handle all guardianship matters. In smaller counties, the constitutional county court or a county court at law may oversee these cases.
The probate court ensures that guardianship applications are reviewed carefully, that all required notices are given, and that the rights of the proposed ward are fully protected throughout the process. The court also appoints an attorney ad litem in every case to represent the interests of the proposed ward.
Judicial Oversight and Statutory Authority
Texas courts operate under the Texas Estates Code, primarily Chapters 1101 through 1253. These provisions outline the legal requirements for initiating, reviewing, and monitoring guardianships. Courts are not only responsible for approving or denying applications but also for overseeing the conduct of appointed guardians after a case is finalized.
Types of Guardianships Texas Courts Can Approve
When reviewing guardianship applications, the court first determines the appropriate type of guardianship based on the individual’s condition and capacity. Not every application is approved as filed, and courts may limit or modify guardianship authority.
Guardianship of the Person
This type of guardianship grants authority to make decisions about the ward’s medical treatment, housing, personal safety, and daily care. Courts will review medical evaluations and testimony to determine whether the proposed ward is fully or partially incapacitated.
Guardianship of the Estate
This form authorizes someone to manage the ward’s financial assets, property, and debts. The court requires a detailed inventory of assets and may impose a bond requirement for the guardian to protect the estate.
Limited Guardianships
Texas courts prefer to use limited guardianships when possible. These arrangements give the guardian only the powers necessary to meet the ward’s specific needs, preserving as much independence as possible.
Required Documents in Texas Courts and Guardianship Applications
To initiate the process, several documents must be filed with the appropriate court. Missing or incomplete paperwork can delay the application or lead to its dismissal.
- Application for Guardianship: This outlines the need for guardianship, the relationship to the proposed ward, and whether it covers the person, estate, or both.
- Certificate of Medical Examination (CME): A recent evaluation by a licensed physician (within 120 days of filing) is required to confirm incapacity. Courts will not proceed without it.
- Order Appointing Attorney Ad Litem: The court assigns a neutral attorney to represent the proposed ward’s best interests.
- Background Check Authorization: All proposed guardians must pass a criminal background check and submit fingerprints to the Texas Department of Public Safety.
Courts will also request any advance directives the ward has signed, such as powers of attorney, to assess whether less restrictive alternatives to guardianship exist.
What to Expect at the Guardianship Hearing
Once the application is filed and the statutory notice period has passed (minimum 10 days), the court will schedule a hearing. This hearing is typically held in-person at the courthouse, and attendance by the applicant is required. In some cases, virtual hearings may be allowed.
During the hearing, the judge will:
- Hear testimony from the applicant and other witnesses.
- Review the CME and other documents.
- Hear from the attorney ad litem regarding the proposed ward’s wishes and best interests.
- Ask whether any alternatives to guardianship were considered and why they are not suitable.
The proposed ward has the right to appear, contest the guardianship, request a jury trial, or propose a different guardian. Texas courts treat these rights seriously, and failure to follow proper notice procedures can result in denial or delay.
Alternatives Courts May Require Before Granting Guardianship
Judges are legally obligated to explore less restrictive alternatives before granting guardianship. If the proposed ward has signed valid powers of attorney, designated a representative payee, or set up a supported decision-making agreement, the court may deny the application.
These alternatives include:
- Medical Power of Attorney
- Durable Power of Attorney
- Supported Decision-Making Agreement
- Representative Payee Arrangement for Social Security Benefits
- Joint Bank Accounts or Trusts
Courts will ask whether these options were attempted and why they failed or proved insufficient. A guardianship is considered a last resort under Texas law.
How Texas Courts Monitor Appointed Guardians
Once a guardianship is granted, the court continues its oversight role. Guardians must meet ongoing responsibilities and reporting requirements to keep the appointment valid.
Annual Reports and Accountings
- Guardians of the Person must file an Annual Report detailing the ward’s condition, residence, activities, and care.
- Guardians of the Estate must submit an Annual Accounting with itemized income, expenses, and asset management.
These reports are reviewed by the court auditor and probate judge. Failure to comply can result in sanctions or removal.
Compliance and Court Review
Texas courts may hold review hearings, especially if reports are late or concerns are raised. Guardians can also be required to attend additional training or post a new bond depending on the estate size or scope of authority.
When and Why a Guardianship Ends in Court
Guardianship does not last indefinitely. Courts maintain jurisdiction over guardianship cases but will eventually close them under specific circumstances outlined by the Texas Estates Code. Each closure type involves its own set of procedural requirements.
Death of the Ward
When a ward passes away, the guardianship automatically terminates. However, the guardian of the estate must still file a final accounting that covers all financial activity up to the date of death. The court will not formally close the case until this report is reviewed and approved. In some cases, the guardian may also be responsible for turning over remaining assets to the ward’s estate representative.
Restoration of Capacity
If a ward regains sufficient capacity to manage personal or financial affairs, the guardianship may be terminated through a court order. The ward or another party may petition for restoration. A new medical evaluation is typically required to support the claim, and a hearing is held to determine whether guardianship is still necessary.
Court-Ordered Termination
Courts may decide to terminate a guardianship if they determine it no longer serves the ward’s best interests. This can happen if circumstances change significantly or if a less restrictive alternative becomes available. The decision is made after reviewing evidence and reports from the guardian and attorney ad litem.
Resignation or Removal of the Guardian
A guardian may petition the court to resign from their role, but they must continue to serve until a successor is appointed or the court formally discharges them. In situations involving neglect, misconduct, or failure to comply with reporting duties, the court may initiate removal proceedings. If removed, the guardian must still file all required closing documentation before the court will issue a final discharge.
Final Reports and Case Closure
Before officially ending the case, the court requires the submission of:
- Final Report on the Person (for guardians of the person): A summary of the ward’s status leading up to termination.
- Final Accounting (for guardians of the estate): A complete record of all assets, income, expenses, and distributions during the guardianship period.
Once these documents are filed and approved, the court will issue an order closing the guardianship and releasing the guardian from further obligations. Delays in submitting the final paperwork can result in legal complications, financial penalties, or continued court supervision until compliance is met.
Costs and Timelines in Texas Courts and Guardianship Applications
Filing fees for guardianship applications vary by county but generally range from $300 to $450. Attorney fees are paid separately and can depend on the complexity of the case and whether the guardianship is contested. In some cases, the court may allow payment of fees from the proposed ward’s estate if funds are available.
Estimated timeline:
- Document preparation: 1–2 weeks
- Filing and hearing notice period: Minimum 10 days after filing
- Hearing and court decision: Usually within 4–8 weeks of filing
- Appointment order issued: Same day or within several days post-hearing
Contested cases or those with missing documents can extend much longer.
Conclusion
The legal system has a structured process in place to protect individuals who cannot fully care for themselves or manage their finances. Texas courts and guardianship applications are closely intertwined, ensuring oversight and legal safeguards at each step. If you are considering applying for guardianship, understanding how courts function, what documents are required, and what alternatives exist can help you make informed decisions and comply with legal expectations.
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Frequently Asked Questions
No, but it is strongly recommended due to the complexity of the process and the need to follow strict legal procedures. The court will not help applicants complete their paperwork.
The court may order a contested hearing, and the ward has the right to request a jury trial. The attorney ad litem will present their viewpoint to the judge.
Yes, the same individual can be appointed to both roles if the court finds them suitable and there are no conflicts of interest.
In most uncontested cases, a guardianship can be approved within 4–8 weeks after filing, provided all documentation is complete and properly submitted.
Yes. All proposed guardians must complete the JBCC’s online guardianship training module before they can be appointed.
