How Much Does Guardianship Cost in Texas
The Short Answer: $1,500 to $5,000 in Attorney Fees, Plus Other Costs
Attorney fees for an uncontested Texas guardianship typically range from $1,500 to $5,000, with court, medical, and other costs added. Contested cases, where a relative or the proposed ward objects, can push costs to $10,000 or more.
Here's what makes up that total.
Attorney Fees: The Largest Variable
Texas law effectively requires an attorney for guardianship proceedings. While individuals can represent themselves in court, a non-attorney parent cannot file a guardianship petition on behalf of another person — you need a licensed lawyer to draft and file the application.
Attorney fees for an uncontested guardianship typically range from $1,500 to $5,000, depending on:
- Location: Attorneys in major metro areas (Houston, Dallas, San Antonio, Austin) generally charge more than those in smaller counties
- Complexity: A straightforward guardianship of the person costs less than one that also involves guardianship of the estate, which requires additional financial accounting
- Contested vs. uncontested: If another family member opposes the guardianship, litigation costs climb rapidly
Some attorneys offer flat-fee packages for uncontested guardianships, which gives you cost certainty. Others bill hourly, typically at $200 to $400 per hour.
Court Filing Fees: $150 to $350
Filing fees vary by county but generally fall in the $150 to $350 range for a guardianship application. These cover the cost of processing your petition through the probate court system.
If the proposed ward or the applicant receives public benefits like SSI or Medicaid, you may qualify for a fee waiver under Texas Rule of Civil Procedure 145. Your attorney can file the waiver request along with the application.
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The CME or DIDD Evaluation: $150 to $600
Before filing, you need medical evidence of incapacity. The Physician's Certificate of Medical Examination (CME) or Determination of Intellectual and Developmental Disability (DIDD) evaluation costs $150 to $600, depending on:
- Whether the evaluating physician accepts Medicaid or private insurance
- Whether the exam is performed by the proposed ward's existing physician or a specialist
- Geographic location
Some pediatric or developmental disability physicians perform these evaluations routinely and have standardized fees. Ask your child's current doctor first — they know the patient's history, which makes the evaluation faster and often cheaper.
Court-Appointed Attorney Ad Litem
The court is required to appoint an attorney ad litem (AAL) to represent the proposed ward's interests. The AAL's fees are set by the court and typically run $500 to $2,500 or more. The court determines how the fee is assessed.
You don't get to choose the AAL — the court appoints one from a qualified list.
Guardian Bond Premium
Once appointed, the guardian must post a bond to protect the ward's estate from mismanagement. The bond amount is set by the court based on the value of the ward's assets plus anticipated annual income.
For many disabled adults whose only income is SSI ($994 per month in 2026), the estate value is minimal and the bond is small. Bond premiums are typically a percentage of the bond amount — often 1% to 3% annually. If the ward has minimal assets, the annual bond premium might be $50 to $200.
The guardian must post any court-ordered bond; a parent should not assume that government benefits waive the requirement.
Ongoing Annual Costs
Guardianship isn't a one-time expense. After the initial appointment, guardians face recurring obligations:
- Annual report filing: Guardians of the person must file an Annual Report documenting the ward's well-being. Guardians of the estate must file an Annual Account of all financial activity. Some counties charge nominal filing fees for these reports.
- Bond renewal: The bond premium is an annual expense for the duration of the guardianship.
- Attorney fees for modifications: If circumstances change and you need to modify the guardianship order — expanding or restricting the guardian's authority — you'll need legal help.
When Free or Low-Cost Help Is Available
Several organizations provide free or reduced-cost guardianship assistance to Texas families:
- Legal aid organizations — Texas RioGrande Legal Aid and Lone Star Legal Aid handle guardianship cases for families meeting income guidelines
- Law school clinics — Several Texas law schools run probate clinics where supervised students assist with guardianship filings
- Disability Rights Texas — Provides free information on guardianship alternatives, which may eliminate the need for a court proceeding entirely
The Cost of Not Filing
For some families, the alternative to guardianship is a combination of supported decision-making agreements, powers of attorney, and representative payeeship — arrangements that cost $10 to $30 in notary fees and zero in court costs.
The Texas Adult Guardianship & Alternatives Guide includes a decision framework that helps families evaluate whether their situation genuinely requires the court process or whether less restrictive tools can cover the specific decisions they're worried about.
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