How Guardianship Works in Texas: Step by Step

If a family member can no longer make safe decisions about their health, living situation or money, a guardianship may give someone the legal authority to help. In Texas, guardianship is a court process governed by Title 3 of the Texas Estates Code. It has specific steps, deadlines and protections for the person who may lose rights. This guide walks you through how it works from start to finish.

The basics

A guardianship creates a legal relationship between a guardian and a ward. The ward is either a minor or an adult the court finds to be incapacitated. The guardian makes the decisions the court authorizes and reports to the court regularly.

• A guardian of the person handles care, residence, medical decisions and daily well-being.
• A guardian of the estate handles money, property and benefits.
• A guardianship can be full (all powers the law allows) or limited (only the powers the court lists). Texas law favors limited guardianship when it meets the person's needs.

Step by step: the Texas guardianship process

Step 1: Consider alternatives first

Texas law requires the court to find that alternatives to guardianship and available supports and services were considered and aren't feasible. If your loved one still has enough capacity to sign a durable power of attorney or medical power of attorney, those documents may solve the problem without court. Adults with disabilities may be able to use a supported decision-making agreement. Our guide to alternatives to guardianship in Texas explains each option.

Step 2: Get the medical evidence

The court needs proof of incapacity. For most adults, that's a Certificate of Medical Examination from a physician who examined the proposed ward within 120 days before the application is filed. The certificate describes the person's condition, their ability to make decisions in different areas, and whether improvement is expected. Courts often have their own form, and a vague or incomplete certificate can delay the case.

When the guardianship is based on an intellectual disability, the court can rely on a determination of intellectual disability made under Texas rules instead of, or in addition to, a physician's certificate, as long as it is current enough.

Step 3: File the application

The application is filed in the county where the proposed ward lives or is located. For Seguin and the rest of Guadalupe County, that means filing with the Guadalupe County Clerk, and the case is heard in Seguin. The application includes information about the proposed ward, their property and income, their closest relatives, any existing powers of attorney or designation of guardian, and the specific powers requested.

Step 4: The attorney ad litem

Once the application is filed, the court appoints an attorney ad litem to represent the proposed ward. This lawyer meets with the person, explains the case, reviews the evidence and tells the court what the person wants. The attorney ad litem may support the application, ask for a more limited guardianship, or oppose it. The court may also appoint a guardian ad litem to report on what's in the person's best interest.

Step 5: Service and notice

Because a guardianship can take away legal rights, notice matters. A proposed ward who is 12 or older must be personally served with the application and a notice of the hearing. Certain family members must be notified, and the clerk posts notice of the case. These requirements give anyone with a concern a chance to come forward.

Step 6: Background check and training

The proposed guardian typically must pass a criminal history check, and many Texas courts require guardians to complete training about their duties. Ask what the court handling your case requires early so it doesn't slow down the hearing.

Step 7: The hearing

At the hearing, the applicant must prove by clear and convincing evidence that:

• The proposed ward is incapacitated (or is a minor who needs a guardian)
• A guardianship is in the person's best interest
• The person's rights or property will be protected by the guardian
• Alternatives to guardianship and supports and services were considered and aren't feasible

The court also decides whether the person lacks capacity in some areas or all of them, which determines whether the guardianship is limited or full. The proposed ward has the right to a jury and generally must attend unless the court decides attendance isn't necessary. In uncontested cases, the hearing is often short, with testimony from the applicant and sometimes the physician.

Step 8: Qualifying as guardian

After the judge signs the order, the guardian must qualify by taking an oath and posting any bond the court sets. The bond protects the ward's estate if the guardian mishandles money. Once qualified, the clerk issues letters of guardianship, the official document showing the guardian's authority.

Step 9: Life after the hearing

The work continues after court. A guardian of the estate files an inventory within 30 days after qualifying and an annual account every year. A guardian of the person files an annual report on the ward's condition. Certain actions, such as selling the ward's real estate, need court approval. Read more in duties of a guardian in Texas.

What if it's an emergency?

If your loved one is in immediate danger, such as being financially exploited or refusing urgent medical care, you may be able to ask for a temporary guardianship while the regular case moves forward. See temporary guardianship in Texas.

For help with a guardianship in Seguin or anywhere in Guadalupe County, visit our Seguin guardianship lawyer page.

Frequently asked questions

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.