How do I petition for guardianship or conservatorship in Texas?
1. Terminology. Texas uses 'guardian of the person' and 'guardian of the estate' for both minors and incapacitated adults; 'conservatorship' in Texas refers to child custody in family court, not adult protection.
2. Adult Guardianship. Under Tex. Est. Code § 1101.101, the court must find by clear and convincing evidence that the proposed ward is incapacitated, that guardianship is in their best interest, and that rights will be protected by appointment.
3. Minor Guardianship. Available when parents are deceased, declared incompetent, or their rights terminated (§ 1104.051). Parents are otherwise the natural guardians.
4. Petition. File in statutory probate court or county court in the county of the proposed ward's residence (§ 1023.001). Personal citation on the proposed ward and notice to spouse, parents, siblings, and adult children is required.
5. Court Investigator / GAL. A court investigator and attorney ad litem (mandatory under § 1054.001) are appointed; a guardian ad litem may also be appointed.
6. Capacity Evaluation. A physician's letter from an exam within 120 days of filing is required (§ 1101.103) describing the nature and degree of incapacity.
7. Hearing & Order. The proposed ward has the right to attend, to counsel, and to a jury trial (§ 1101.052). Court must consider the least restrictive alternative and may grant limited guardianship.
8. Powers & Duties. Bond required (§ 1105.101); inventory within 30 days; annual account; court approval for sale of real property, settlement of claims, or major medical decisions.
9. Alternatives. Texas pioneered Supported Decision-Making Agreements at Tex. Est. Code Ch. 1357. Also available: statutory durable POA (Ch. 751), medical POA (Health & Safety Code Ch. 166), and management trusts (Ch. 1301).
10. Termination. Restoration proceeding on capacity (§ 1202.051), death, or minor reaching 18.
11. UAGPPJA. Texas adopted UAGPPJA at Est. Code Ch. 1253.
This is legal information, not legal advice.
- Contested guardianship with competing applicants or objections to capacity finding
- Pursuing a Supported Decision-Making Agreement as alternative to full guardianship
- Restoration proceedings to remove or limit existing guardianship powers
- Tex. Est. Code Tit. 3
- Tex. Est. Code Ch. 1357
- Tex. Est. Code § 1101.101
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.