To get guardianship of an adult in Texas, you file an application in the county court where the person lives, attach a recent certificate of medical examination, and go through a hearing where a judge decides whether the person is incapacitated and whether a guardian is needed. Filing fees start at $360, attorney fees and a bond are separate, and the process usually takes several weeks. Texas courts treat guardianship as a last resort and will approve it only on clear and convincing evidence that no less restrictive option will protect the person.1State of Texas. Texas Estates Code 22.016 – Incapacitated Person
First, Confirm Guardianship Is the Right Tool
Texas law defines an incapacitated adult as someone who, because of a physical or mental condition, is substantially unable to provide food, clothing, or shelter for themselves, to care for their own physical health, or to manage their own financial affairs.1State of Texas. Texas Estates Code 22.016 – Incapacitated Person The person doesn’t have to fail at all of those things. Severe difficulty in even one area can be enough.
The court can appoint a guardian of the person (decisions about where the adult lives and what medical care they get), a guardian of the estate (property and finances), or both. One guardian can hold both roles, or two people can split them. Judges are required to limit the guardian’s authority to what’s genuinely needed and to preserve as much of the ward’s independence as possible.2State of Texas. Texas Estates Code 1104 – Selection of and Eligibility to Serve as Guardian If the adult can still make some decisions on their own, expect a limited guardianship rather than a full one.
Alternatives the Court Will Expect You to Rule Out
Before granting guardianship, the judge must be satisfied that less restrictive options won’t work. Most of these tools have to be signed while the adult still has the mental capacity to agree to them, which is why so many families end up in guardianship court: nothing was set up in time.
- A durable power of attorney lets the adult name an agent to handle finances. Texas has a statutory form that can grant broad or narrow authority.3State of Texas. Texas Estates Code 752.051 – Form
- A medical power of attorney names an agent for healthcare decisions if the adult can’t communicate their own.4Justia Law. Texas Health and Safety Code Chapter 166 Subchapter D – Medical Power of Attorney
- A supported decision-making agreement lets an adult with a disability pick a supporter who helps them understand options; the supporter cannot make decisions for them.5State of Texas. Texas Estates Code 1357.056 – Form
- A trust can hold and manage assets without court supervision.
- An ABLE account, for adults whose disability began before age 46, allows tax-advantaged savings up to $20,000 per year in 2026 without threatening Medicaid or SSI eligibility (up to $100,000 is excluded from SSI asset limits).
If any of these are still workable, the court will expect you to use them instead.
Who Texas Courts Will Appoint
Anyone can file the application, not just family members. But when the court decides whom to appoint, it looks first at any person the proposed ward previously designated in writing, then at a spouse, then at next of kin, then at other suitable individuals. A non-relative can serve if the court finds them qualified.
The judge will look at whether you have any conflict of interest with the proposed ward and whether you can actually manage the responsibilities. Someone who is themselves incapacitated, who has a court finding of abuse or neglect against them, or who has a serious conflict of interest will generally be disqualified. If no suitable individual is available, the court can appoint a professional or institutional guardian.
Preparing and Filing the Application
File in the county court of the county where the proposed ward lives. Application forms are available from the county clerk. The written application must identify you and the proposed ward, describe the nature of the incapacity, explain why guardianship is needed, and list the proposed ward’s property with estimated values.
The Certificate of Medical Examination
You must attach a certificate of medical examination completed by a licensed physician or psychologist who examined the proposed ward no earlier than 120 days before you file.6State of Texas. Texas Estates Code 1101.103 – Letter or Certificate of Medical Examination The certificate is detailed. It has to describe the nature and severity of the incapacity, address whether the person can decide where to live, whether they can vote, whether they can marry, and whether they can safely drive, and it must say whether the condition might improve and when to reevaluate.
Start this step early. If the proposed ward’s regular doctor isn’t familiar with guardianship paperwork, getting the certificate can slow the whole case down.
What It Costs to File
The initial filing fee is $360, made up of a $223 local consolidated fee and a $137 state consolidated fee. Once the case is open, further filings carry their own charges: $25 for the inventory, $25 for each annual accounting, and $10 for each annual report on the ward.7Texas Judicial Branch. County-Level Court Civil Filing Fees Attorney fees are separate and can run from a few thousand dollars for a straightforward case to substantially more if the guardianship is contested. The court-appointed attorney ad litem’s fees typically come from the ward’s estate, but if the ward has no assets, the applicant may end up covering them.
What Happens Between Filing and the Hearing
After you file, the county clerk issues a citation that has to be posted at the courthouse for at least 10 days before the hearing.8State of Texas. Texas Estates Code 1051.053 – Service by Posting The proposed ward must be personally served with the application and citation.
The court will appoint an attorney ad litem to represent the proposed ward. This happens in every case; it isn’t optional. That attorney meets with the ward, explains their rights, and advocates for the ward’s expressed wishes at the hearing.9State of Texas. Texas Estates Code 1054.001 – Appointment of Attorney Ad Litem in Proceeding for Appointment of Guardian The court will also appoint an investigator who independently visits the proposed ward, interviews you and other family members, and files a written report and recommendations with the judge. That report carries real weight.
At the hearing, the judge reviews the medical certificate, the investigator’s report, and any testimony from you, family members, and the proposed ward. The proposed ward has the right to attend and to contest the guardianship. The judge must find clear and convincing evidence that the person is incapacitated and that no less restrictive alternative will adequately protect them. If satisfied, the court issues an order appointing the guardian and specifying which powers the guardian has.
When the Situation Won’t Wait
If the adult is in immediate danger, ask the court for a temporary guardian. The court can appoint one on substantial evidence that the person may be incapacitated and probable cause that the person or their property needs immediate protection.10State of Texas. Texas Estates Code 1251.001 – Appointment of Temporary Guardian A temporary guardian receives only the powers the immediate situation requires, and the proposed ward keeps every right not specifically transferred by the order. Temporary guardianship is a bridge, not a substitute; you’ll still need to pursue the regular application for a permanent appointment.
Qualifying After the Order
The order isn’t the end. Before you can legally act as guardian, you have to qualify by taking a formal oath and filing a bond. Both must be done before the 21st day after the court signs the order, or the appointment can be revoked.11State of Texas. Texas Estates Code 1105.003 – Period for Taking Oath or Making Declaration and Filing Bond
The bond protects the ward’s assets if the guardian mismanages them, and the judge sets the amount based on the estate’s value. Premiums typically run from under $100 per year for small estates to several hundred dollars for larger ones. Once the oath is taken and the bond approved, the clerk issues letters of guardianship, a certificate under the court’s seal that proves your authority.12State of Texas. Texas Estates Code 1106.001 – Issuance of Certificate as Letters of Guardianship Banks, hospitals, and government agencies will ask to see them constantly, so keep certified copies on hand.
What You’re Signing Up For
Guardianship is an ongoing court case with a fiduciary duty attached. A guardian of the estate must file an inventory of the ward’s property shortly after qualifying, and then an annual accounting of every dollar received and spent.13Texas Judicial Branch. Annual Account of Guardian of the Estate A guardian of the person files an annual report on the ward’s condition, living situation, and well-being. Missing deadlines can trigger late fees and, in serious cases, removal.
One thing that surprises new guardians: your court order does not give you control over the ward’s Social Security benefits. Social Security runs its own process, and you have to apply separately to become the ward’s representative payee. As a representative payee you must keep records of how benefits are spent or saved and make them available to SSA on request.14Social Security Administration. Representative Payee Program SSA’s number is 1-800-772-1213.
Guardianship also doesn’t erase the ward’s rights. Unless the court’s order specifically takes a right away, the ward keeps it, including the right to the least restrictive living arrangement, to have personal preferences considered, to a monthly personal allowance after essential expenses, and to complain to the court about the guardian.15Texas Judicial Branch. Texas Estates Code Subchapter H – Rights of Wards A guardian who ignores those protections can be investigated and removed.
Changing or Ending It Later
A guardianship isn’t necessarily permanent. If the ward’s condition improves, any interested person can ask the court to restore some or all of the ward’s rights or to make the guardianship less restrictive; the original medical certificate may itself set a timeline for reevaluation.6State of Texas. Texas Estates Code 1101.103 – Letter or Certificate of Medical Examination Texas generally bars a new request to fully restore capacity or modify a guardianship until at least a year after the last such request was decided. Guardianship ends automatically when the ward dies; if the guardian can no longer serve, the court can appoint a successor rather than terminate the case.