How to Get Guardianship in Texas: When It Applies, What Alternatives Exist, and the Court Steps

In Texas, only a court can create a guardianship. A probate court appoints a guardian after it finds, by clear and convincing evidence, that the proposed ward is an incapacitated person, that guardianship is in that person's best interest, that their rights or property will be protected, and that alternatives and available supports would not work, as Texas Estates Code § 1101.101 (opens in a new tab) requires. The court may name a guardian of the person, a guardian of the estate, or both, and it can limit the guardian to specific areas. The case moves through a sworn application, notice, a physician's certificate, court-appointed professionals, a hearing, an order, a bond and oath, and letters of guardianship. Texas law also recognizes alternatives, including powers of attorney, supported decision-making, representative payees and management trusts.

What guardianship means in Texas

Guardianship is a relationship the court creates, and it can take specified legal rights away from one person and give authority over them to another. Under Estates Code § 1002.017 (opens in a new tab), a guardian is a person appointed by a court to care for and manage a person, that person's estate, or both. The person under guardianship is called the ward, and before appointment, the proposed ward.

The statute's definition of an incapacitated person, in § 1002.001 (opens in a new tab), covers three groups: a minor; an adult who, because of a physical or mental condition, is substantially unable to provide food, clothing or shelter for themselves, care for their own physical health, or manage their own financial affairs; and a person who must have a guardian appointed to receive funds because of a physical or mental condition. A diagnosis alone does not meet that test. The court looks at what the person can and cannot do, and it must consider whether something less restrictive would meet their needs.

Can another arrangement work instead of guardianship?

Texas law asks this question before anything else. Estates Code § 1002.0015 (opens in a new tab) lists alternatives to guardianship, including a medical power of attorney, a durable power of attorney, a declaration for mental health treatment, a representative payee for public benefits, a joint bank account, a management trust, a special needs trust, an advance designation of a guardian, and other decision-making based on person-centered planning. At the hearing, the court must find by clear and convincing evidence that these alternatives and available supports were considered and are not feasible.

A power of attorney gives an agent authority to act for someone in the areas the document grants. Because the person signs it, the timing matters, and our guide on how to get a power of attorney covers how those documents are made and signed. A representative payee manages public benefits, and a management trust holds and manages property under a trust arrangement.

Supported decision-making works differently. Under Estates Code Chapter 1357 (opens in a new tab), an adult with a disability can sign an agreement with a supporter, who may help the adult obtain and understand information, evaluate options and consequences, and communicate the adult's decisions to others. The adult remains the decision-maker. Signing the agreement does not give the supporter the power to decide. TexasLawHelp's page on alternatives to guardianship (opens in a new tab) and Disability Rights Texas's supported decision-making resources (opens in a new tab) both describe how these agreements are used.

If you are planning ahead for yourself or a family member, an estate planning checklist can help you gather powers of attorney, medical directives and trust documents in one place.

What kind of authority is the court asked to grant?

A guardian of the person has authority over the personal matters the court assigns, such as residence, medical care and personal decisions. A guardian of the estate has authority over the property and financial matters the court assigns. One person may serve in both roles.

The court does not have to transfer every decision. It can create a limited guardianship and name the specific rights and areas of authority the order affects. Under Estates Code Chapter 1151 (opens in a new tab), a ward keeps every right that the court order or the law does not specifically limit. The Texas Guardianship Bill of Rights (opens in a new tab) includes rights to dignity, independence, communication, health care, counsel, information about the court case, and the ability to make complaints.

Which Texas court handles a guardianship?

A guardianship case must be filed and heard in a court exercising original probate jurisdiction. Estates Code Chapter 1022 (opens in a new tab) sets out how that works across counties:

• In a county with a statutory probate court, that court has original guardianship jurisdiction.
• In a county without a statutory probate court but with a county court at law exercising probate jurisdiction, that court and the constitutional county court may share jurisdiction as the law provides.
• In a county with neither, the constitutional county court has original jurisdiction.

Venue, meaning the right county, is set by Estates Code Chapter 1023 (opens in a new tab). For an adult, it generally lies in the county where the proposed ward lives or is located when the application is filed, or where the principal estate is located. The county clerk where the proposed ward lives can tell you which court in that county hears guardianship cases.

How does a guardianship case start?

Any person may start a guardianship case by filing a sworn written application in a court with jurisdiction and venue, under Estates Code § 1101.001 (opens in a new tab). The application must address, among other things, the alternatives and available supports that were considered.

The applicant generally must also provide a physician's certificate of medical examination that meets § 1101.103 (opens in a new tab). The certificate addresses the person's condition, incapacity, functional limitations, supports, and the need for guardianship. Disability Rights Texas's handout on medical certificates (opens in a new tab) explains how supports fit into that examination.

TexasLawHelp's guardianship overview (opens in a new tab) notes that an applicant may represent themselves, but one person may not represent another person in court. A probate, guardianship, elder-law or disability-law attorney can also prepare and file the application.

Notice and the professionals the court appoints

After filing, the clerk issues citation and notice under Estates Code Chapter 1051 (opens in a new tab), and the proposed ward must be served as the statute requires. Three court-appointed roles then come into the case under Estates Code Chapter 1054 (opens in a new tab):

• Attorney ad litem. The court appoints an attorney to represent the proposed ward's interests and expressed wishes. A proposed ward who has capacity to contract may hire a qualified attorney instead. The Texas Judicial Branch states that attorneys representing proposed wards need the applicable certification.
• Court investigator. The court appoints an investigator to look into the circumstances and report to the court.
• Interpreter. Chapter 1054 also addresses interpreters when one is needed.

The court sets the pay for these appointed professionals in an amount it considers equitable and just, so the charge depends on the court and the case.

What happens at the hearing?

At the hearing, governed by Estates Code Chapter 1055 (opens in a new tab) and § 1101.101, the court hears evidence and decides venue, eligibility, incapacity, best interest, alternatives and supports, and how much authority to grant. The proposed ward has rights involving notice, participation, counsel, contesting the case and communication.

Two standards of proof apply. Incapacity, best interest, protection of rights or property, and the infeasibility of alternatives and supports must be shown by clear and convincing evidence. Other findings, including venue and the proposed guardian's eligibility, are made by a preponderance of the evidence. If the court makes the findings, it signs an order appointing the guardian and stating the authority granted and the rights limited.

What happens after the court appoints a guardian?

The appointment is the start of ongoing court supervision. The guardian generally must qualify by taking the required oath or declaration and posting a bond unless a statutory exception applies, under Estates Code Chapter 1105 (opens in a new tab). After qualification, the clerk issues letters of guardianship under Chapter 1106 (opens in a new tab).

The guardianship must also be registered with the Judicial Branch Certification Commission (JBCC). The JBCC's registration instructions (opens in a new tab) state that registration is free and is submitted through the online system unless another arrangement is made, and its registration requirements page (opens in a new tab) covers what the court expects before a hearing.

Reports follow. A guardian of the estate files an inventory, appraisement and list of claims under Chapter 1154 (opens in a new tab) and an annual account under Chapter 1163 (opens in a new tab). A guardian of the person files an annual report on the ward's condition, residence, care and circumstances. The court may require approval before the guardian sells or leases the ward's property, makes investments or gifts, changes the ward's residence, or makes other significant decisions.

A guardian can be removed. Under Estates Code Chapter 1203 (opens in a new tab), the court may act on its own motion or on the motion of an interested person, including the ward. Grounds include failing to qualify, failing to file the inventory on time, failing to give a required bond, misapplying property, abuse, neglect, exploitation, or failing to perform the guardian's duties. A court may also modify or end a guardianship when statutory requirements are met, including restoring rights when the person has sufficient capacity, alone or with supports.

Texas guardianship deadlines and fees to know

Fees are set county by county, and appointed-professional costs depend on the court. These are dated examples, not statewide totals.

The Travis County deposit is specific to that county's order and is not a statewide figure. Timing also varies with the court's calendar, service and the appointed professionals' work. Confirm current fees, deposits and scheduling with the county clerk or probate court where you plan to file.

How guardianship of a minor differs

Texas law also allows guardianship of the person or estate of a minor. Venue for a minor depends on factors such as where the minor's parents, sole managing conservator, surviving parent, or last surviving parent with custody lives, under Estates Code § 1023.001(b) (opens in a new tab). The court must make minor-specific findings under § 1101.101 (opens in a new tab), including that the guardianship is not created mainly to establish school-district residency for which the minor would otherwise be ineligible.

A minor's guardianship is separate from a custody case. A suit affecting the parent-child relationship deals with conservatorship, possession and access under the Family Code, while a guardianship under the Estates Code concerns appointing and supervising a guardian for the minor's person, estate or both. TexasLawHelp's Spanish page on child custody and guardianship of minors (opens in a new tab) explains the difference.

What if no family member can serve?

A private professional guardian may serve when that person is in the business of acting as a guardian. The JBCC's certification page (opens in a new tab) states that private professional guardians, and people providing guardianship services for a guardianship program, must meet certification requirements. Family members and friends who serve without running a guardianship business are not part of that certification program.

Texas Health and Human Services runs a Guardianship Services Program (opens in a new tab). HHS says it may become involved when the Department of Family and Protective Services refers an adult 65 or older, an adult with a disability, or a youth aging out of conservatorship, or when a court asks in limited circumstances. HHS evaluates incapacity and eligibility, looks for less restrictive alternatives and other possible guardians, and applies for appointment when alternatives have been exhausted and the person meets its criteria.

Where to find official information and help

Several public sources cover Texas guardianship in detail. The Texas Judicial Branch guardianship registration resources (opens in a new tab) include court materials and the Bill of Rights in English and Spanish. TexasLawHelp publishes a guardianship overview (opens in a new tab) and, in Spanish, a guía sobre la tutela (opens in a new tab). The State Bar of Texas (opens in a new tab) offers lawyer referral information, and local legal-aid programs may help people who qualify. Our guide on how to find a lawyer explains how to check a license and what to ask. If a family member has died rather than lost capacity, the Texas probate process is the court path instead.

Frequently asked questions about Texas guardianship

Does the proposed ward have to attend the hearing?

The proposed ward has statutory rights to notice, to participate, to counsel, and to contest the case. The hearing rules are in Estates Code Chapter 1055, and the attorney ad litem represents the proposed ward's interests and expressed wishes in court.

Can a guardianship be limited to money matters only?

Yes. A court may appoint only a guardian of the estate, or it can write a limited order that names particular rights and areas of authority. The ward keeps every right the order or the law does not specifically limit.

Does JBCC registration cost anything?

The Texas Judicial Branch registration page states that guardianship registration is free. It is generally submitted through the JBCC's online system unless another arrangement is made.

Can guardianship end after it starts?

A court may modify or terminate a guardianship when statutory requirements are met. That includes restoring rights when the person has sufficient capacity, or capacity with supports.

What Spanish terms do Texas courts and legal aid use?

TexasLawHelp's Spanish materials use "tutela" for guardianship, "tutor" for guardian, "pupilo" for ward, "tutela de la persona," "tutela del patrimonio," "abogado ad litem," and "Cartas de Tutela" for letters of guardianship.

A next step

If you are considering a guardianship or one of its alternatives in Texas, you can find guardianship, probate and elder-law firms in Counselado's directory by city and practice area, then confirm each lawyer's license with the State Bar of Texas before you reach out.