How Do I Start a Guardianship Process in Texas?

Navigating the legal system to protect a loved one can feel overwhelming. When someone you care for is no longer able to make sound decisions about their health or finances, you want to step in and help. The formal process for this is called guardianship. Understanding how to start a guardianship in Texas is the first step toward providing the support and protection your family member needs.

This guide breaks down the essential steps of the Texas guardianship process. We will walk through what guardianship is, who it's for, and the legal journey from filing an application to attending a court hearing. While this process has many legal requirements, you don't have to face it alone.

What is Guardianship and Why is it Necessary?

Guardianship is a legal process where a court appoints a qualified individual (the guardian) to care for another person (the ward) who is incapacitated. Incapacitation means the person cannot manage their own personal or financial affairs due to age, disability, or injury.

You might need to start this process for:

• An elderly parent with dementia or Alzheimer's.
• An adult child with a severe developmental disability.
• A loved one who has suffered a traumatic brain injury.
• A minor who has inherited property or money.

The goal is to ensure the ward's well-being and to protect them from neglect or exploitation. A guardian can be given authority over the "person" (making healthcare and living decisions) or the "estate" (managing finances), or both.

Your Step-by-Step Guide to the Texas Guardianship Process

Starting a guardianship requires careful attention to legal details. The Texas Estates Code outlines the specific procedures that must be followed. Here is a simplified breakdown of how to begin.

Step 1: Determine if Guardianship is the Right Choice

Before you file any paperwork, it's crucial to confirm that guardianship is the most appropriate solution. Texas law requires courts to consider less restrictive alternatives first.

These might include:

• Durable Power of Attorney: A legal document where your loved one previously appointed someone to make financial decisions.
• Medical Power of Attorney: A document appointing an agent to make healthcare decisions.
• Supported Decision-Making Agreements: An arrangement where trusted advisors help the person make their own choices.
• Joint Bank Accounts: A simple way to help manage daily finances.

If these alternatives are not in place or are insufficient, guardianship may be necessary. Sydney Key, an experienced Abilene guardianship attorney, can help you evaluate your situation and determine the best path forward.

Step 2: File an Application for Appointment of Guardian

The formal Texas guardianship process begins when you file an "Application for Appointment of Guardian" with the appropriate court. This is usually the county or statutory probate court in the county where the proposed ward resides.

The application is a detailed legal document that must include specific information, such as:

• The applicant's name and relationship to the proposed ward.
• The proposed ward’s name, date of birth, and address.
• A clear description of why guardianship is needed.
• The type of guardianship requested (of the person, of the estate, or both).
• A list of all close relatives of the proposed ward.

Along with the application, you must submit a physician's certificate or a letter from a doctor. This document, completed by a physician who has examined the proposed ward within the last 120 days, must describe the nature and degree of their incapacity.

Step 3: Notify All Interested Parties

Once the application is filed, the law requires that all "interested parties" receive formal notice. This ensures everyone involved has a chance to be heard by the court. The County Clerk will issue a legal notice, known as a "citation," which is personally served on the proposed ward.

Other interested parties who must be notified include:

• The proposed ward’s parents and spouse.
• The proposed ward’s children.
• Anyone currently in charge of the ward’s care.
• Any person named as an agent in a power of attorney.

Properly notifying all parties is a critical step. Failure to do so can cause significant delays or even lead to the dismissal of your application.

Step 4: The Court Appoints an Attorney Ad Litem

After the application is filed, the court will appoint an "attorney ad litem." This is an independent attorney whose job is to represent the best interests of the proposed ward.

The attorney ad litem will meet with the proposed ward to explain their rights and discuss the guardianship proceeding. They will also interview the applicant, review the medical evidence, and talk to other relevant people. At the end of their investigation, the attorney ad litem will make a recommendation to the court about whether the guardianship is necessary and who should be appointed as guardian.

Step 5: Attend the Court Hearing

The final step in this initial phase is the court hearing. You, your attorney, the attorney ad litem, and the proposed ward (if their health allows) will appear before a judge. During the hearing, the judge will review all the evidence presented.

You will need to provide "clear and convincing evidence" that:

• The proposed ward is legally incapacitated.
• Guardianship is in the ward’s best interest.
• The applicant is qualified to serve as guardian.
• The proposed ward's rights and property will be protected.

The judge will listen to testimony, review the doctor's report, and consider the recommendation from the attorney ad litem. If the judge agrees that a guardianship is necessary, they will sign an order appointing you as guardian. You will then be required to take an oath and may need to post a bond before you can officially begin your duties.

Get the Legal Help You Need

The Texas guardianship process is designed to protect vulnerable individuals, but its legal complexities can be difficult to manage on your own. From filing the correct paperwork to presenting a strong case in court, every step matters. Working with a knowledgeable attorney ensures the process is handled efficiently and correctly, reducing stress on your family during a challenging time.

If you need to start a guardianship in Texas, don't navigate the legal system alone. As an experienced Abilene guardianship attorney, Sydney Key can provide the compassionate and skilled guidance you need. Contact the office of Sydney Key today to schedule a consultation (325) 326-5962 and take the first step toward protecting your loved one.