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Texas Elder Guardianship — Cost, Forms, Process, and the Alternatives Courts Ask About First (2026)

By Oleg Kachko · Updated September 6, 2026

✓ Verified September 2026

Texas Elder Guardianship is the court process an adult child uses when a parent can no longer make safe decisions and no power of attorney is in place — or the one that exists is being misused. It is the most powerful tool in elder law and the last one a Texas court wants to use, because it takes away the parent’s legal right to decide.

This guide gives the Texas answer in plain English: which court, what medical proof is required, who must be notified, what the hearing costs, what the judge will ask you to try first, and what a guardian must do after the order. All facts are from Texas law, verified as of September 2026.

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Texas Elder Guardianship: At a Glance

Here are the Texas facts that decide most Texas elder guardianship cases:

Governing statute Texas Estates Code, Title 3 (“Guardianship and Related Procedures”), Sections 1001.001 through 1357.101. The core adult appointment procedure is Estates Code Chapter 1101 (General Procedure to Appoint Guardian), with eligibility in Chapter 1104, qualification and bond in Chapter 1105, and guardian powers and duties in Chapter 1151. Texas has no separate “conservatorship” statute for adults.
What Texas calls the roles Texas uses “guardian of the person” and “guardian of the estate”; the person appointed for is the “ward” and before appointment the “proposed ward.” The guardian of the person controls residence, care, medical treatment and daily decisions (Est. Code 1151.051); the guardian of the estate controls money, property and financial affairs (Est. Code 1151.101). One person may hold both roles, or the court may split them between two people (Est. Code 1104.001). “Conservator” in Texas means a parent in a Family Code child-custody case, not an adult guardianship role.
Court A court exercising original probate jurisdiction hears guardianship applications (Est. Code 1022.001). In a county with a statutory probate court, that court has exclusive jurisdiction over all guardianship proceedings, contested or not; in other counties the constitutional county court or a county court at law hears them, with contested matters transferable to district court or a statutory probate judge. Venue is the county where the proposed ward resides or is located on the filing date, or where the proposed ward’s principal estate is located (Est. Code 1023.001).
Who can file Any person may start the case: “any person may commence a proceeding for the appointment of a guardian by filing a written application” (Est. Code 1101.001(a)). An adult child therefore may file directly; so may a spouse, sibling, friend, a guardianship program, or Texas Health and Human Services after a referral from Adult Protective Services. The application must be sworn and must state the proposed ward’s name, address, date of birth, the nature and degree of alleged incapacity, and the alternatives to guardianship and supports and services considered (Est. Code 1101.001(b)).
Medical evidence required The court may not grant a guardianship for an adult alleged to be incapacitated unless the applicant files a written letter or certificate from a Texas-licensed physician (or an advanced practice registered nurse whose letter is signed by the supervising physician) that is dated not earlier than the 120th day before the application is filed and is based on an examination performed within that same 120-day window (Est. Code 1101.103). Courts call this the Certificate of Medical Examination, or CME/PCME, and most counties publish their own form. Intellectual-disability cases may instead use a determination of intellectual disability (Est. Code 1101.104).
Typical time to a hearing UNVERIFIED. Texas sets no statewide deadline for a permanent guardianship hearing; the statutory floor is that the court cannot act before the Monday after the 10-day service period runs (Est. Code 1051.106), and dockets vary by county. Contested cases, jury demands and ad litem investigations extend the schedule. Check the specific probate court or county clerk for local setting practice.
Filing fee UNVERIFIED statewide — Texas guardianship filing fees are set county by county by the county clerk, not by a single state schedule. As a published example, Tarrant County’s probate fee schedule effective January 1, 2026 lists a local consolidated fee of 223 for a new probate or guardianship filing, plus separate citation, service and ad litem deposit charges. Contact the county clerk in the county where the case will be filed for the exact amount.
Supported decision-making law YES. The Supported Decision-Making Agreement Act, Texas Estates Code Chapter 1357, was enacted in 2015 by SB 1881 of the 84th Legislature, effective September 1, 2015 — Texas was the first state to adopt one by statute. An adult with a disability may voluntarily authorize a supporter to help gather and understand information, weigh options and communicate decisions, without the supporter making decisions for the adult (Est. Code 1357.051–1357.056). The statutory form appears at Est. Code 1357.056, and the agreement may be revoked at any time.

When Texas Elder Guardianship Is the Right Tool

Guardianship is for a parent who lacks capacity — not one who is making choices the family disagrees with. The legal question in Texas is whether the person can understand information, weigh it, and communicate a decision, not whether the decision is wise.

A parent who refuses to move to assisted living, keeps driving, or gives money to a new friend may be exercising bad judgment; that alone does not support Texas elder guardianship. A parent who cannot recognize a bill, does not know what month it is, or signs whatever is put in front of them likely does.

Two situations account for most petitions. The first is a parent with advancing dementia who never signed a durable power of attorney or health care directive, so nobody has authority to act. The second is a parent who did sign one, but the agent is missing, incapable, or — most often — taking the money.

In that second case the guardianship petition is the tool that replaces the agent, and the Texas power of attorney abuse guide linked below covers the steps that usually come first.

Alternatives the Texas Court Will Ask About First

The court must find by clear and convincing evidence that alternatives to guardianship that would avoid the need for appointment have been considered and determined not to be feasible, and that supports and services available to the proposed ward that would avoid the need for a guardian have been considered and determined not to be feasible (Est. Code 1101.101(a)(1)(D) and (a)(2)(D)).

The application itself must state which alternatives and supports were considered (Est. Code 1101.001(b)(13)). Recognized alternatives include a statutory durable power of attorney (Est. Code Ch. 751–752), a medical power of attorney (Health & Safety Code Ch. 166), a directive to physicians, a declaration for mental health treatment, a management trust (Est. Code Ch.

1301), a joint bank account, a Social Security representative payee or VA fiduciary, a supported decision-making agreement (Est. Code Ch. 1357), and a limited guardianship, since the court must design the guardianship to encourage the ward’s maximum self-reliance and independence (Est. Code 1001.001).

Supported decision-making in Texas: YES. The Supported Decision-Making Agreement Act, Texas Estates Code Chapter 1357, was enacted in 2015 by SB 1881 of the 84th Legislature, effective September 1, 2015 — Texas was the first state to adopt one by statute.

An adult with a disability may voluntarily authorize a supporter to help gather and understand information, weigh options and communicate decisions, without the supporter making decisions for the adult (Est. Code 1357.051–1357.056). The statutory form appears at Est. Code 1357.056, and the agreement may be revoked at any time.

Filing for Texas Elder Guardianship: The Steps

Who must be notified: The sheriff or constable must personally serve citation on the proposed ward, and that service cannot be waived by the proposed ward (Est. Code 1051.103).

The applicant must also send the application and notice by a qualified delivery method to the proposed ward’s spouse, parents, adult children, adult siblings, any person named as guardian in a written declaration or will, any person the applicant knows holds a power of attorney signed by the proposed ward, the administrator of any nursing or residential facility where the proposed ward lives,

and any person the proposed ward lives with (Est.

Code 1051.104). The court may not act on the application until the Monday following the expiration of the 10-day period that begins on the date service was completed (Est. Code 1051.106).

The proposed ward’s own voice: The court must appoint an attorney ad litem to represent the proposed ward’s interests, including the proposed ward’s expressed wishes (Est. Code 1054.001); that attorney must interview the proposed ward a reasonable time before the hearing and review the medical certificate and application (Est. Code 1054.004). The judge may additionally appoint a guardian ad litem to represent the proposed ward’s best interests (Est.

Code 1054.051), and courts may use court investigators or court visitors (Est. Code 1054.101–1054.153). The proposed ward is entitled to attend, and to a jury trial on request (Est. Code 1101.052–1101.053); attendance may be excused when the court determines a personal appearance is not necessary.

Who the court prefers as guardian: If the proposed ward has designated a guardian in a written declaration of guardian before need or in a durable power of attorney, the court shall appoint that person unless the court finds the person disqualified or that the appointment is not in the ward’s best interest (Est. Code 1104.202–1104.203, 1104.702).

Otherwise the order is: the spouse of the incapacitated person; then the nearest of kin; then the eligible person best qualified to serve (Est. Code 1104.102). If two or more relatives are equally close in degree of kinship, the court appoints the one best qualified (Est. Code 1104.052, 1104.102). A person the ward disqualified in writing before incapacity may not serve (Est.

Code 1104.354), nor may a person the court finds has a conflict, is incapacitated, or is otherwise disqualified (Est. Code 1104.351–1104.359).

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Bond: Yes. A guardian of the estate must give a bond, and the court may not waive it even when a parent’s will or written declaration directs a waiver (Est. Code 1105.101). The exceptions are a corporate fiduciary and a county-operated guardianship program, which serve without bond.

A guardian of the person may be required to post bond as well, and the court may issue letters of guardianship of the person without bond when a surviving parent’s probated will or written declaration names that guardian and directs service without bond and the court finds the guardian qualified (Est. Code 1105.101, 1105.102).

Emergency Guardianship in Texas

A court may appoint a temporary guardian on a sworn application showing substantial evidence that the person is incapacitated and that there is imminent danger to the person’s physical health or safety, or that the estate will be seriously damaged or dissipated unless immediate action is taken (Est. Code 1251.001, 1251.003).

The proposed ward must be given notice and an attorney ad litem appointed, and a hearing must be held not later than the 10th day after the application is filed, though the proposed ward or the ward’s attorney may agree to postpone it up to 30 days after filing (Est. Code 1251.005, 1251.006).

A temporary guardianship may not last more than 60 days, except in the pending-contest situation described in Est. Code 1251.052 (Est. Code 1251.151).

What a Texas Guardian Must Do Every Year

A guardian of the estate must file a sworn, itemized inventory, appraisement and list of claims within 30 days after qualifying (Est. Code 1154.051), and an annual account within 60 days after each anniversary of qualification (Est. Code 1163.001). A guardian of the person must file a sworn annual report on the ward’s condition, welfare and well-being each year (Est.

Code 1163.101) and must notify the court within 30 days after the ward’s residence or address changes (Est. Code 1151.051). Selling, mortgaging or leasing the ward’s real property, including the home, requires a written application, a court order authorizing the sale and confirmation of the sale (Est. Code 1158.051–1158.058, 1158.101).

Other Texas rules: Texas requires a prospective guardian to complete a court-approved guardianship training program and to register the guardianship with the Judicial Branch Certification Commission, which runs a criminal-history check through DPS records; a court may waive or postpone training for cause and must notify the JBCC within 5 days (Est. Code 1104.003, 1104.251–1104.258; JBCC rules).

Private professional guardians and guardianship-program staff must be JBCC-certified, but a family member or friend serving as guardian need not be certified (Est. Code 1104.253). Texas also has a statutory Ward’s Bill of Rights that the guardian must explain to the ward in the ward’s preferred language and communication mode at appointment and each year (Est.

Code 1151.351), and a state guardianship program of last resort run by Texas Health and Human Services Guardianship Services on referral from Adult Protective Services.

Mistakes That Slow Down Texas Elder Guardianship

The first mistake is filing without the medical evaluation. Every Texas petition needs a physician’s or psychologist’s statement about capacity, and the court will not set a hearing without it; families lose weeks getting an appointment after they file instead of before. The second is skipping notice.

The parent, the spouse, the other adult children, and any agent under an existing power of attorney are entitled to know about the hearing, and a missed notice is the most common reason a Texas elder guardianship hearing is continued.

The third mistake is asking for more than the situation needs. A judge who sees a petition for full guardianship of a parent who can still manage a checkbook will either deny it or trim it, and the family has spent a filing fee to learn what a limited petition would have avoided. The last mistake is treating the order as the end.

A guardian in Texas owes the court an inventory, a report, and usually an annual accounting; guardians who miss them face removal, and the parent loses the protection the family fought for.

What to Expect from Texas Elder Guardianship

A Texas elder guardianship case runs in a fixed order: the petition and the medical evaluation are filed together, notice goes to the parent and the family, the court appoints someone to speak for the parent, and a hearing is held where the judge decides whether capacity is lacking and whether anything less than guardianship would do.

Uncontested cases move in weeks; a contested one — usually a parent who objects, or siblings who each want the role — takes months and looks like a trial.

Two things surprise families. The first is that the parent is entitled to fight it, with a lawyer, and often does. The second is that the order is not the end of the court’s involvement: a Texas elder guardianship order comes with reporting duties every year for the rest of the parent’s life, and the guardian who treats it as a one-time filing is the one the court removes.

When it is time to call an elder-law attorney

When money is already missing or a bank has frozen an account in Texas, a lawyer can get an accounting order and an emergency freeze faster than a family can. Many offer a free first call, and the state bar’s lawyer referral service and free legal-aid offices are the no-cost starting points.

Key Takeaways: Texas Elder Guardianship

  • Capacity, not judgment: Texas elder guardianship is granted when a parent cannot understand or communicate decisions, never because the family disagrees with them.
  • Alternatives come first: the court will ask why a power of attorney, a payee, or a limited order will not do before it grants Texas elder guardianship.
  • The evaluation goes in with the petition: every Texas elder guardianship filing needs a recent physician’s statement, and the hearing waits until it is there.
  • Everyone gets notice: the parent, spouse, adult children, and any current agent must be told before Texas elder guardianship is decided.
  • The parent gets a voice: in most states the court appoints counsel or a visitor, and the parent may contest Texas elder guardianship.
  • Limited beats full: a Texas elder guardianship order covering only the decisions the parent cannot make is easier to get and easier to live with.
  • Emergency orders are short: temporary Texas elder guardianship lasts weeks, not years, and must be followed by the full petition.
  • The order starts the duties: Texas elder guardianship comes with an inventory, an annual report, and usually an accounting for life.
  • Nomination matters: a parent who named a guardian in a power of attorney usually gets that person in a Texas elder guardianship case.
  • Siblings should agree beforehand: contested Texas elder guardianship between children is the slowest and most expensive kind.
  • Bond is common: a guardian of the estate under Texas elder guardianship is often required to post one unless the court waives it.

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Official Texas Sources & Resources

This Texas guide was last verified against official sources in September 2026. Laws change — verify with your state court or a licensed attorney.

More Texas Estate Guides

Disclaimer: This guide is informational only and is not legal or tax advice. Estate, probate, and tax laws change and vary by state and county. Verify current rules and dollar figures with your state’s court, statute, or a licensed attorney or tax professional before acting. For urgent matters like an active probate or a tax deadline, consult a licensed professional in your state right away.

Estate planning? Make sure your life insurance is in order — see Life Insure Guide. Worried about Medicaid estate recovery? See Medicare Cover Guide. Divorced recently? Update your will and beneficiaries — see Divorce Help Guide.