When an adult is no longer able to make decisions for themselves due to a disability, illness, or cognitive decline, someone may need to step in to help manage their affairs. This is where adult guardianship comes in. In Texas, the process is tightly regulated by state law and includes specific steps, legal standards, and court involvement. Understanding what’s required before you file can help you avoid delays and ensure the person you’re trying to protect receives the support they need.
Let’s outline everything you need to know about Adult Guardianship Requirements in Texas, from basic definitions and eligibility to the court’s role and alternatives. Whether you’re considering becoming a guardian or need one for a loved one, the details below will help you move forward with clarity.
- What Is Adult Guardianship and When Is It Needed?
- Types of Guardianship Recognized in Texas
- Legal Capacity and the Role of the Court
- Eligibility to Serve as a Guardian
- Filing a Guardianship Application in Texas
- Duties and Responsibilities After Appointment
- Alternatives to Guardianship You Should Consider First
- Costs and Fees Associated With Guardianship
- Reporting and Oversight by the Court
- Ending or Modifying a Guardianship
What Is Adult Guardianship and When Is It Needed?
Adult guardianship is a legal relationship where one person (the guardian) is appointed to make decisions for another adult (the proposed ward) who is deemed incapacitated. Texas courts only grant guardianship when less restrictive options won’t meet the person’s needs.
Guardianship may be considered when an adult:
- Has advanced dementia or Alzheimer’s
- Suffers from severe mental illness
- Has an intellectual or developmental disability
- Sustained a brain injury that impacts cognitive functioning
This process is not automatic. Even family members must go through court proceedings to become someone’s legal guardian.
Types of Guardianship Recognized in Texas
To understand the Adult Guardianship Requirements Texas courts uphold, it’s important to know the types of guardianship available:
Guardianship of the Person
This allows the guardian to make personal and medical decisions, including where the individual lives or what care they receive.
Guardianship of the Estate
This allows the guardian to handle financial matters, such as managing bank accounts, paying bills, or selling property.
Full vs. Limited Guardianship
A court may grant full guardianship (covering all areas of decision-making) or limited guardianship (only covering certain rights). The goal is to preserve as much independence as possible for the proposed ward.
Legal Capacity and the Role of the Court
The court won’t grant guardianship unless the adult is found legally incapacitated. This means the person lacks the ability to care for their own physical health, finances, or personal decisions. A doctor must complete a certificate of medical examination (or CME) to confirm incapacity.
Key points:
- The CME must be filed within 120 days before the hearing
- It must be completed by a physician licensed in the state
- The court may also appoint a court investigator or court visitor to assess the situation
You’ll also need to provide detailed information about the adult’s condition, history, and whether any alternatives have been tried.
Eligibility to Serve as a Guardian
Not everyone is legally eligible to become a guardian under Texas law. The court must be confident that you are suitable to take on this serious responsibility before granting an appointment. Several key criteria must be met.
Basic Legal Qualifications
To be considered for guardianship, you must meet the following basic legal requirements:
- You must be at least 18 years old.
- You must be a U.S. citizen or legal resident.
- You must not have been convicted of any crimes involving violence, abuse, exploitation, or financial fraud.
- You must demonstrate that you are capable of managing the physical or financial needs of another person.
These requirements help ensure the safety and best interests of the proposed ward, particularly in cases involving vulnerable adults.
Disqualifications That Can Prevent Appointment
The court will disqualify you from serving as a guardian if:
- You have a history of abusing drugs or alcohol
- You are currently involved in bankruptcy proceedings (if seeking guardianship of the estate).
- You owe any debts to the proposed ward.
- You are engaged in a lawsuit against the proposed ward.
Even if you are a close family member, these disqualifying factors may result in your application being denied or redirected.
Priority Given to Family Members
The court prefers to appoint family members as guardians when appropriate. The order of preference generally includes:
- Spouse
- Adult children
- Parents
- Siblings
- Other close relatives
If no family member is qualified or available, the court may consider a certified private professional guardian or public guardian instead.
Competing Applications for Guardianship
If multiple people petition to serve as guardian, the court will evaluate each applicant’s:
- Relationship to the proposed ward
- Background and fitness to serve
- Availability to fulfill the role
- Proposed plan for care or asset management
The judge’s decision will always reflect what is in the ward’s best interest. In some situations, co-guardians may be appointed, but only if it does not create confusion or conflict.
Requirements for Out-of-State Guardians
If you do not live in Texas but wish to become a guardian for someone who does, additional conditions apply. You will need to:
- Appoint a registered agent who resides in Texas to accept legal documents on your behalf
- Be subject to Texas jurisdiction
- Show that you can fulfill your duties despite living in another state
The court may also require additional monitoring or oversight if you are located far away.
Guardian Training Requirement
Even if you meet all eligibility standards, you cannot serve until you complete the court-mandated training. This course helps prepare you for your responsibilities and outlines the legal expectations of a guardian. It must be completed before letters of guardianship are issued.
Filing a Guardianship Application in Texas
Filing begins in the county where the proposed ward resides. You’ll need to submit:
- A written application
- The completed CME
- A background check
- Notice to interested parties
After filing, the court schedules a hearing. The proposed ward has the right to:
- Be present at the hearing
- Have legal counsel (the court will appoint an attorney ad litem if they don’t have one)
- Contest the guardianship
At the hearing, the judge will review all evidence and decide whether guardianship is necessary and appropriate.
Duties and Responsibilities After Appointment
Once appointed, a guardian must meet strict ongoing obligations. These include:
- Filing an inventory of the ward’s assets (if managing the estate)
- Submitting annual reports or accountings
- Seeking court approval for major decisions
- Ensuring the ward’s physical and emotional needs are met
You’ll also be required to complete guardianship training before taking on your role. The Texas Judicial Branch offers a free online training course that’s mandatory before letters of guardianship are issued.
Alternatives to Guardianship You Should Consider First
Courts in Texas view guardianship as a last resort. If the adult can be protected using less restrictive options, the court may deny your request.
Alternatives include:
- Medical power of attorney
- Statutory durable power of attorney
- Supported decision-making agreements
- Representative payee arrangements (for managing Social Security)
- Trusts (revocable or special needs)
If any of these tools are already in place and working effectively, the court is unlikely to approve a guardianship petition.
Costs and Fees Associated With Guardianship
Filing for adult guardianship can involve several out-of-pocket costs, including:
- Court filing fees
- Attorney fees (for the applicant and for the proposed ward)
- Doctor’s evaluation fee
- Bond (if managing the estate)
- Costs of required training and certification
In some cases, these costs may be reimbursed from the ward’s estate if the court approves.
Reporting and Oversight by the Court
After the appointment, the court continues to monitor the guardian’s actions. You must:
- File an annual report on the ward’s well-being
- File an annual accounting if you’re managing assets
- Notify the court of any major life changes (such as moving)
- Seek approval before selling assets or making other significant financial decisions
Failing to meet these requirements can result in removal as guardian or other penalties.
Ending or Modifying a Guardianship
Guardianship doesn’t last forever. It can be:
- Terminated if the ward regains capacity
- Transferred if the ward moves to another state
- Modified to increase or reduce responsibilities
- Terminated upon the ward’s death
To end or change a guardianship, you’ll need to file a motion with the court and provide supporting evidence.
Be Informed Before You Step In
Understanding Adult Guardianship Requirements Texas ensures you’re prepared before taking on the responsibility of becoming a guardian. The process is designed to protect vulnerable adults while balancing their rights and independence. If you’re considering filing, start by reviewing whether less restrictive alternatives exist and confirm that you meet all eligibility requirements. Being informed will make a significant difference in how smoothly the process moves forward and how well you support your loved one.
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FAQs: Adult Guardianship in Texas
It varies by county, but it typically takes a few weeks to several months depending on court availability, paperwork, and whether the guardianship is contested.
Yes. A lawyer is required for the applicant because guardianship involves a court proceeding and legal documentation. The proposed ward is also entitled to a court-appointed attorney.
No. The person must be notified, has a right to attend the hearing, and may contest the appointment.
The court may appoint a professional guardian or refer the case to the Texas Department of Aging and Disability Services to handle the matter.
Not necessarily, but the court prefers guardians who live nearby. Out-of-state guardians must designate a local agent for service and meet additional requirements.
