Blog

Filing for guardianship is one of the most significant legal steps a family can take on behalf of a loved one. The process affects personal rights, decision-making authority, and long-term care, so Texas law requires families to follow a detailed set of procedures before a guardian can be appointed.

To file for guardianship in Texas, you must submit a formal application with the probate court, provide required medical evidence of incapacity, notify interested parties, and attend a court hearing where a judge determines whether guardianship is necessary.

At Ford + Bergner, LLP, we help families understand the steps involved, the documents required, and the responsibilities that follow.

Understanding Guardianship Before Filing

Guardianship is intended for adults who cannot make informed decisions about their care or finances due to dementia, disability, illness, or cognitive impairment. Because guardianship removes certain rights, Texas courts require proof the person’s needs cannot be met through less-restrictive alternatives such as powers of attorney, supported decision-making, or representative payees.

Before beginning the filing process, families should consider the proposed ward’s condition, whether they have executed any planning documents, and what specific areas of help they need. Our firm often helps families evaluate these factors to determine whether guardianship is appropriate or whether another option would offer adequate protection with fewer restrictions.

Step 1: Obtain a Physician’s Certificate of Medical Examination

The Texas guardianship process begins with a medical evaluation. A licensed physician must examine the proposed ward and complete a Physician’s Certificate of Medical Examination (PCME). This document outlines the person’s diagnosis, their ability to make decisions, and whether they need help managing personal, medical, or financial matters.

Texas courts require the certificate to be completed within a specific timeframe before filing. Without a current PCME, the guardianship case cannot move forward. Because this step is so important, our team helps clients coordinate the examination and ensure the required documentation is ready for filing.

Step 2: File an Application for Guardianship

Once the medical certificate is ready, the next step is filing a formal application for guardianship in the appropriate Texas probate court. The application must identify the proposed ward, describe the reasons guardianship is needed, list interested relatives, and specify whether the applicant seeks guardianship of the person, the estate, or both.

Texas courts require detailed factual allegations, and any errors can delay the case. At Ford + Bergner, LLP, we prepare and file the application on behalf of clients, ensuring the petition meets statutory requirements and clearly explains why guardianship is necessary.

Step 3: Appointment of an Attorney Ad Litem and Court Investigations

After an application is filed, the court appoints an attorney ad litem to represent the proposed ward. This attorney’s role is to protect the ward’s legal rights, review the allegations, meet with the individual, and report findings to the court.

Depending on the county, the court may also appoint a court investigator, guardian ad litem, or social worker to evaluate the situation. These individuals may interview family members, visit the proposed ward’s home, and examine potential alternatives to guardianship.

Because these reviews can influence the court’s final decision, we help families prepare for meetings, provide relevant documents, and explain the household structure so the investigators and ad litem can understand the proposed ward’s circumstances.

Step 4: Provide Notice to Family Members

Texas law requires formal notice to specific relatives and interested parties. This includes spouses, adult children, parents, siblings, and sometimes extended family. The proposed ward must also receive personal service notifying them of the guardianship application, even if they disagree or lack capacity.

Providing proper notice is essential; failure to do so can cause delays or complications later. Our team ensures that notice is issued correctly and documented for the court record.

Step 5: Attend the Guardianship Hearing

A guardianship cannot be granted without a court hearing. During the hearing, the judge reviews evidence from the applicant, the attorney ad litem, investigators, medical professionals, and anyone opposing the guardianship. The applicant must demonstrate that:

• The proposed ward is incapacitated.
• Guardianship is necessary for their safety and well-being.
• Less-restrictive alternatives are not adequate.
• The applicant is qualified and suitable to serve.

We present evidence, prepare witnesses, and address any objections so the court has the information it needs to make an informed decision.

Step 6: Issuance of Letters of Guardianship

If the judge approves the guardianship, the applicant must complete additional steps before formally assuming authority. For guardianship of the estate, this may include posting a bond. Once requirements are met, the court issues Letters of Guardianship, which serve as legal proof of the guardian’s legal authority.

Guardians must follow specific reporting obligations, including annual accountings and personal status updates. Our firm remains available to help guardians meet these responsibilities each year.

Filing for Texas Guardianship with Skilled Legal Guidance

The guardianship process in Texas involves multiple layers of evaluation, strict procedural requirements, and close court supervision. Families often feel overwhelmed by the legal and emotional complexity of these cases, especially when loved ones disagree or when urgent situations arise. At Ford + Bergner, LLP, we help clients approach guardianship thoughtfully, prepare strong applications, and protect vulnerable family members with dignity and care.

In Need of Legal Help? Contact Ford + Bergner LLP today

Contact the experienced lawyers at Ford + Bergner LLP today & schedule your free consultation. We proudly serve Houston, Austin, Dallas & all throughout Texas. Visit our law offices at:

Ford + Bergner LLP – Houston Office

700 Louisiana St 41st Floor,
Houston, TX 77002, United States

Phone: (713) 260-3926
Fax: (713) 260 3903

Ford + Bergner LLP – Dallas Office

901 Main St 33rd floor,
Dallas, TX 75202, United States

Phone: (214) 389 0887
Fax: (214) 389 0888

Ford + Bergner LLP – Austin Office

221 W 6th St #900,
Austin, TX 78701, United States

Phone: (512) 610 1100
Fax: (512) 610 1101