When a family realizes a loved one needs a guardianship, one of the first questions is what it will cost. The honest answer is that it depends on the type of guardianship, whether anyone contests it, and how much property the ward has. This guide explains what drives the cost, who usually pays, and how to keep the case as efficient as possible.
The main cost categories
Attorney's fees for the applicant
In Texas, a person applying to be guardian generally must be represented by an attorney. Your lawyer prepares the application, coordinates the medical evidence, handles service and notice, prepares the order and presents the case at the hearing. Many uncontested guardianships can be handled for a flat fee, which lets you know the legal fee in advance. Attorney Jesus R. Lopez offers flat fees for many guardianship cases, along with payment plans.
Court costs
The county clerk charges filing fees, and there are costs for issuing citations, personal service on the proposed ward, posting notice and issuing letters of guardianship. Certified copies of letters are often needed for banks and agencies.
Attorney ad litem (and guardian ad litem)
The court appoints an attorney ad litem to represent the proposed ward in every guardianship. That lawyer is paid a reasonable fee set by the court. If the court also appoints a guardian ad litem, that fee is added too.
Physician's certificate of medical examination
A physician must examine the proposed ward and complete the court's certificate. Some doctors charge for completing the form; others include it in a regular visit. For a guardianship based on intellectual disability, a determination of intellectual disability may be used instead or in addition.
Bond
A guardian must post a bond before receiving letters. For a guardian of the estate, the bond amount is based on the value of the estate and its income, and the yearly premium comes from a surety company. In some situations, a court can reduce the bond, for example when funds are placed in a restricted account that can't be withdrawn without a court order.
Background check and training
The proposed guardian typically completes a criminal history check and any training the court requires, which may involve a small cost.
Ongoing costs
After the guardianship is created, expect costs for preparing annual reports and accounts, renewing letters, and requesting court approval for actions like selling real estate. A guardianship of the estate with significant property has more ongoing work than a guardianship of the person only.
What makes a guardianship cost more?
- Contests. When family members disagree about whether a guardianship is needed or who should serve, the case may require discovery, depositions, mediation or a contested hearing.
- Guardianship of the estate. Managing property means bonds, inventories, annual accounts and more court approvals.
- Complex property. Real estate, businesses, investments or claims against people who took the ward's money add work.
- Emergencies. A temporary guardianship requires a fast, separate hearing.
- Incomplete medical evidence. A vague or outdated physician's certificate can mean delays and extra steps.
Who pays?
The person applying usually pays the upfront costs. But Texas law allows the court to order that reasonable attorney's fees and costs be paid from the ward's estate when the court finds the applicant acted in good faith and for just cause in filing the application. In many cases where the ward has money, the ward's estate ultimately pays most of the cost.
If the proposed ward has no money, the attorney ad litem may be paid by the county in some cases. If a guardianship is not granted, the court decides how costs are divided, and in some circumstances it can order the applicant to pay.
If you can't afford court costs
If you, or the ward, can't afford court costs, you may be able to file a Statement of Inability to Afford Payment of Court Costs. If the statement is accepted, filing fees and other court costs may be waived. This doesn't cover your own attorney's fees, but it can make a significant difference. Forms and information are available at TexasLawHelp.org.
Ways to keep the cost down
- Consider alternatives. A power of attorney, supported decision-making agreement or representative payee may avoid a guardianship entirely. See alternatives to guardianship.
- Get the medical certificate right the first time. Bring the court's form to the doctor and make sure it's complete.
- Talk with family early. Agreement on who serves avoids contested hearings.
- Use the court registry for a minor's money when the amount is $100,000 or less, instead of a guardianship of the estate. See guardianship of a minor.
- Keep good records from day one so annual accounts are straightforward.
- Plan ahead. Signing powers of attorney and a designation of guardian now can prevent a costly case later.
Get a clear quote
Attorney Jesus R. Lopez offers a free consultation to families in Seguin and throughout Guadalupe County. He'll review your situation, explain the likely costs and discuss whether a flat fee fits your case. Visit our guardianship lawyer page or read how guardianship works to learn more.
Frequently asked questions
Is a guardianship more expensive than a power of attorney?
Yes, typically much more, because a guardianship requires a court case and ongoing reporting. A power of attorney is a document signed without going to court, if the person still has capacity.
Can I be reimbursed from my parent's estate for guardianship costs?
Often, yes. The court can order reasonable fees and costs paid from the ward's estate if the application was filed in good faith and for just cause.
Is a guardianship of the person cheaper than a guardianship of the estate?
Usually. A guardianship of the person has fewer financial filings and a smaller bond, so ongoing costs are generally lower.
Do you offer payment plans?
Yes. Attorney Lopez offers flat fees for many guardianship cases and payment plans.
Have questions about your situation? Talk with a Seguin guardianship lawyer. Consultations are free, by phone or in person, in English or Spanish.
Related guides
This article is general information about Texas law, not legal advice for your situation. Laws change, and every case is different.