How to File for Guardianship in Texas

When Guardianship Becomes the Only Option

Most Texas families filing for guardianship have already explored alternatives — supported decision-making agreements, powers of attorney, representative payeeship — and determined that their young adult's cognitive or communicative impairments are too severe for voluntary arrangements to work. The Texas Estates Code requires courts to verify this, so the filing process is deliberately rigorous.

If your child is turning 18 and you've concluded that guardianship is necessary, here's what the process looks like from start to finish.

The Physician's Certificate of Medical Examination

Before you file anything with the court, you need clinical evidence of incapacity. Texas law offers two routes:

Standard CME (§ 1101.103): A Texas-licensed physician conducts a physical or mental examination documenting specific functional deficits, the medical condition causing incapacity, and whether improvement is possible. The exam must occur no earlier than 120 days before you file the application — miss that window and you'll need a new exam.

DIDD for intellectual disability (§ 1101.104): If incapacity stems from an intellectual disability, a licensed physician, psychologist, or certified practitioner can complete a Determination of Intellectual and Developmental Disability report instead. This has a longer validity window — 24 months before the scheduled hearing date.

Schedule the CME exam strategically. If your child turns 18 in March, a CME performed in late November gives you roughly four months to file. Work backward from the 18th birthday to make sure the clinical evidence stays current when you file.

Filing the Application

The guardianship application is filed in the county where the proposed ward resides. Which court hears it depends on county infrastructure:

• Statutory Probate Courts in metro counties like Harris, Dallas, Tarrant, and Bexar handle all guardianship matters exclusively
• County Courts at Law with probate jurisdiction handle cases in mid-sized counties
• Constitutional County Courts cover rural counties, though contested cases transfer to district court

Any "interested person" may initiate the proceeding — typically a parent, sibling, or legal advocate — but a licensed attorney must file a guardianship application on behalf of another person. The sworn, written application must include the proposed ward's personal information, the nature and extent of incapacity, and the completed CME or DIDD report.

Court filing fees typically run $150 to $350, though families receiving public benefits may qualify for a fee waiver under Texas Rule of Civil Procedure 145.

What Happens After You File

Once the application hits the court's docket, several due process protections activate automatically:

Personal service: The proposed ward must be served with formal citation by a sheriff or process server. You also must notify immediate relatives — spouse, parents, adult siblings, adult children — and anyone holding an active power of attorney.

Attorney ad litem: The court appoints a lawyer to represent the proposed ward's expressed interests. This attorney meets privately with your child, explains the petition, reviews all medical records, and advocates for whatever outcome the proposed ward prefers — even if that means opposing the guardianship.

Court investigator: An independent investigator interviews the proposed ward, visits their home, and submits a report assessing whether less restrictive alternatives could resolve the family's concerns. This report carries significant weight with the judge.

Guardian ad litem (optional): The judge may appoint a separate advocate for the proposed ward's best interests, which can differ from their expressed wishes.

The Guardianship Hearing

The proposed ward must be present at the hearing unless the judge determines, based on medical evidence, that appearing isn't safe or necessary. The court applies a "clear and convincing evidence" standard — you must prove that the individual is incapacitated, that guardianship serves their best interest, and that no less restrictive alternatives are feasible.

If the judge grants a limited guardianship, the order specifies exactly which rights transfer to the guardian and which the ward retains. Common retained rights include voting, choosing a residence, and making social decisions.

Qualifying as Guardian

Within 20 days of the court's appointment order, the guardian must formally qualify by taking a written oath of office and posting a court-ordered bond. The bond amount protects the ward's estate from mismanagement — its size depends on the estate's value.

Once you qualify, the clerk issues Letters of Guardianship. These letters are your legal proof of authority when dealing with schools, doctors, banks, and government agencies.

Letters of Guardianship expire after 16 months. To renew them, you must file an Annual Report of the Person (detailing the ward's physical care and well-being), generally within 60 days after each anniversary of qualification, and, if you're guardian of the estate, an Annual Account documenting all income and expenditures.

Costs to Expect

The total cost of obtaining guardianship in Texas varies widely:

• CME or DIDD evaluation: $150 to $600, depending on whether Medicaid covers the evaluation
• Court filing fees: $150 to $350
• Attorney fees: $1,500 to $5,000 for an uncontested case; significantly more if contested
• Guardian bond: varies by estate size
• Attorney ad litem fees: $500 to $2,500 or more, set by the court

Planning Your Timeline

The full process — from scheduling the CME to receiving Letters of Guardianship — typically takes three to six months. If you're approaching your child's 18th birthday, the Texas Adult Guardianship & Alternatives Guide walks through the complete eight-month planning calendar, including decision worksheets that help you determine whether guardianship is actually necessary or whether a supported decision-making agreement or power of attorney would cover your family's specific needs.

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