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Guardianship in Texas: How to Get Guardianship of a Parent

When a parent can no longer manage their own affairs and never signed a power of attorney, a Texas probate court can appoint a guardian. Here is how the Estates Code process works, step by step.

By naveen · Updated October 13, 2026 · How we research our guides

To get guardianship of a parent in Texas, you file a sworn application with a doctor's letter, and a judge appoints a guardian only on clear and convincing evidence that your parent is incapacitated and alternatives aren't feasible. It is the court process for a parent who can no longer make their own decisions when no power of attorney or advance directive is in place. In Texas it's governed by Title 3 of the Estates Code, and a judge decides whether a guardian is needed, who serves, and how much authority they get. If your parent can still sign, a Texas durable power of attorney and a Texas medical power of attorney are two of the alternatives the statute itself lists. Title 3 also covers guardianship of minors; this guide is about adults.

What is guardianship in Texas?

Guardianship in Texas is a court order appointing a guardian of the person, for your parent's care, a guardian of the estate, for money and property, or both. A guardian of the person is responsible for your parent's care: under Estates Code §1151.051, that includes deciding where your parent lives, providing food, clothing, medical care and shelter, and consenting to medical treatment other than inpatient psychiatric commitment. A guardian of the estate manages money and property. The court can appoint one person to both roles, or one person as guardian of the person and another as guardian of the estate (§1104.001).

The statute calls your parent the "proposed ward" during the case and the "ward" once a guardian is appointed. An adult is an "incapacitated person" if, "because of a physical or mental condition," they are "substantially unable to" provide food, clothing or shelter for themselves, care for their own physical health, or manage their own financial affairs (§1002.017).

A guardianship can be full or limited. Under §1001.001, a court appoints a guardian based on your parent's actual limitations and "only as necessary to promote and protect the well-being of the incapacitated person." When your parent can still do some things, the order must list "the specific rights and powers retained by the person" (§1101.152). For how the terms differ between states, see conservatorship and guardianship.

When does a parent need one, and what are the alternatives?

A parent needs one only when a court finds, by clear and convincing evidence, that they are incapacitated and that alternatives and supports aren't feasible. Before appointing anyone, the court must "find by clear and convincing evidence" that your parent is incapacitated, that guardianship is in their best interest, and that "alternatives to guardianship that would avoid the need for the appointment of a guardian have been considered and determined not to be feasible" (§1101.101). The same goes for supports and services that could avoid it.

Two more rules protect your parent. Incapacity must be shown by "recurring acts or occurrences in the preceding six months and not by isolated instances of negligence or bad judgment" (§1101.102). And "the court may not use age as the sole factor" (§1101.105).

The Estates Code's list of alternatives to guardianship (§1002.0015) includes:

• a medical power of attorney;
• an agent under a durable power of attorney;
• a representative payee for public benefits;
• a joint bank account;
• a management trust or a special needs trust;
• designating a guardian in advance, explained below.

Texas also recognizes supported decision-making agreements, in which a supporter helps an adult with a disability understand options and communicate decisions without making those decisions for them. The statute calls this "a less restrictive alternative to guardianship" for adults who aren't considered incapacitated (§1357.003).

If your parent already signed a power of attorney, the application has to name any agent you know of (§1101.001). Guardianship can override those documents: when a permanent guardian of the estate qualifies, a financial agent's powers "are automatically revoked unless the court enters an order that the powers of the agent be suspended" (§751.133), and a probate court decides whether to suspend or revoke a medical power of attorney agent's authority (Health and Safety Code §166.156).

Who can be the guardian?

The court decides in your parent's best interests, and gives first place to a guardian your parent named in a written declaration, then, among people equally entitled, to a spouse and then the nearest relative (§§1104.101, 1104.102, 1104.202). Your parent's own choice carries weight. The court must "make a reasonable effort to consider the incapacitated person's preference" (§1104.002). And while your parent still has capacity, they can sign a declaration naming the guardian they want. Under §1104.202, the court "shall appoint the person designated in the declaration" in preference to anyone else, unless that person is disqualified or "would not serve the ward's best interests." The declaration can also disqualify someone, and the court can't appoint a person named that way.

The declaration is its own document. It must be signed by your parent and either written entirely in their handwriting or witnessed by two people 14 or older who aren't named as guardian; if it doesn't disqualify anyone, a notary's acknowledgment can replace the witnesses (§1104.203). The Texas statutory durable power of attorney form and medical power of attorney form we read don't include a place to name a guardian.

Without a declaration, the court appoints according to your parent's best interests. If two or more eligible people are equally entitled (§1104.102):

1. your parent's spouse comes first;
2. then the eligible person nearest of kin;
3. then, if they refuse or several relatives are equally close, the eligible person best qualified to serve.

"A family member or friend of an incapacitated person is not required to be certified" to serve as guardian (§1104.253). A person can't be appointed if they are incapacitated, unable to manage the role "because of inexperience, lack of education, or other good reason," found unsuitable, of "notoriously bad" conduct, in certain conflicts of interest, or a nonresident without a Texas resident agent (§§1104.351 to 1104.357). Certain criminal convictions create a presumption against appointment (§1104.353).

How do you get guardianship of a parent in Texas?

You file a sworn application with a doctor's letter, give notice, and attend a hearing where a court-appointed attorney represents your parent. The steps, from the Estates Code and the Texas Judicial Branch:

1. Look for alternatives first. Check for a power of attorney, a medical power of attorney or a guardian declaration your parent signed. The application must say whether alternatives and supports were considered and whether any are feasible (§1101.001).
2. Get the doctor's letter. The court can't create a guardianship for an adult without "a written letter or certificate" from a physician licensed in Texas or another examiner the statute allows, dated within 120 days before you file and based on an examination in that window (§1101.103). It describes your parent's abilities, including handling money, driving, voting and consenting to treatment, and whether a guardianship is necessary.
3. File the application. "Any person may commence a proceeding" by filing a sworn, written application (§1101.001). It goes to the court with probate jurisdiction in the county where your parent lives or is located, or where their principal estate is located (§§1022.001, 1023.001). The Texas Judicial Branch says to contact the county clerk's office where your parent lives.
4. Give notice. The clerk issues a citation, and a sheriff or other officer personally serves your parent and, if they can be found, your parent's spouse. You send a copy of the application to each adult child and adult sibling, to the nursing home or residential facility where your parent lives, and to anyone you know holds a power of attorney (§§1051.103, 1051.104). The court can't act before the Monday after the 10-day period that starts when service is made (§1051.106).
5. Your parent gets a lawyer. "The court shall appoint an attorney ad litem to represent the proposed ward's interests" (§1054.001). That attorney interviews your parent and discusses whether alternatives would meet their needs. In courts that have a court investigator, the investigator looks into "whether a less restrictive alternative to guardianship is appropriate" (§1054.151), and the judge may appoint a guardian ad litem.
6. Complete training, registration and the background check. After filing, the Judicial Branch Certification Commission's steps for a new guardian are its free online training module, a guardianship registration, and a criminal history check (JBCC). "Guardianship Registrations are free of charge" (JBCC). Texas attorneys, certified guardians and corporate fiduciaries are exempt from the training and check; for everyone else, the background check "must be delivered to the court at least 10 days before the hearing date" (JBCC).
7. The hearing. Your parent "must be present at the hearing unless the court, on the record or in the order, determines that a personal appearance is not necessary," and "A proposed ward is entitled to a jury trial on request" (§§1101.051, 1101.052). The court asks about your parent's ability to feed, clothe and shelter themselves, care for their health, and manage their finances, and about the proposed guardian's qualifications.
8. Qualify and receive letters. The guardian takes an oath and posts the required bond, and the clerk then issues letters of guardianship (§§1105.002, 1106.001). Letters "expire one year and four months after the date the letters are issued, unless renewed" (§1106.002).

If the court finds your parent can care for themselves and manage their property "as would a reasonably prudent person," it must dismiss the application (§1101.155). If the case is complicated or contested, it helps to know what an elder law attorney does.

What about an emergency?

Texas has temporary guardianship under chapter 1251. The court appoints a temporary guardian if it has "substantial evidence that a person may be an incapacitated person" and probable cause to believe your parent or their estate needs an immediate appointment (§1251.001). The written order requires a showing of imminent danger to your parent's health or safety, or that their estate will be seriously damaged or dissipated, and gives the temporary guardian only the powers needed to address it (§1251.010).

The safeguards are built in. The court appoints an attorney for your parent when the application is filed, and the hearing must be held within 10 days unless your parent or their attorney agrees to postpone it, for no more than 30 days after filing (§§1251.004, 1251.006). Your parent keeps every right not given to the temporary guardian, and "may not be presumed to be incapacitated" (§§1251.001, 1251.002). A temporary guardianship "may not remain in effect for more than 60 days," except one appointed while a guardianship application is contested (§1251.151).

What does a guardian have to do?

A guardian posts any required bond, files an inventory, and files an annual account or report, and the court supervises the guardian for as long as the guardianship lasts:

• Bond. A guardian of the person or estate "shall give a bond," and the court can't waive it for a guardian of the estate (§1105.101).
• Inventory. A guardian of the estate files a full inventory of your parent's property within 30 days of qualifying, unless the court allows longer (§1154.051).
• Annual account. A guardian of the estate files an account of receipts, payments and property each year (§§1163.001, 1163.002).
• Annual report. "Once each year for the duration of the guardianship, a guardian of the person shall file with the court a report" covering where your parent lives, how often the guardian has seen them, changes in their health, and whether the guardian's powers should change (§1163.101). The guardian can file it without a lawyer (§1163.105).
• Training. A guardian of a parent who is 60 or older, or who has Alzheimer's or dementia, takes a one-hour course within six months of appointment and every year after (JBCC; Government Code §155.204).

Some decisions need the court. "Any property of a ward may not be sold without a court order authorizing the sale" (§1158.001), which includes your parent's home. Except in an emergency, moving your parent into a more restrictive care facility requires notice to the court and to your parent first, and a hearing if someone objects (§1151.051). The court reviews each guardianship every year to decide whether it should continue, change or end (§1201.052), and letters are renewed only after the court approves the annual account or report (§1106.003).

What rights does your parent keep, and how does it end?

Your parent keeps every right the court doesn't take away. Under the bill of rights for wards in §1151.351, a ward keeps their rights "except where specifically limited by a court-ordered guardianship or where otherwise lawfully restricted." Among the rights it lists, unless the court limits them:

• "to exercise full control of all aspects of life not specifically granted by the court to the guardian";
• "to vote in a public election, marry, and retain a license to operate a motor vehicle, unless restricted by the court";
• to private communication and visits with people of their choice, which a guardian may restrict only to protect them from substantial harm;
• "to personal visits from the guardian or the guardian's designee at least once every three months";
• to complain to the court about the guardian, and to report abuse to the Department of Family and Protective Services without retaliation.

A guardianship can be changed or ended. Your parent, or anyone interested in their welfare, can ask the court to restore your parent's capacity, or to add to or limit the guardian's powers (§1202.051). Your parent can make the request "by informal letter to the court," and the court then appoints an investigator or a guardian ad litem to look into it (§1202.054). The guardianship closes if your parent dies or is found to have enough capacity, with or without supports and services, to care for themselves and manage their property (§1202.001).

How much does it cost?

Filing an application for appointment of a guardian or temporary guardian costs $360 in filing fees, according to the Office of Court Administration's county-level court civil fee chart (revised December 3, 2025): a $223 local consolidated fee and a $137 state consolidated fee. The same chart lists $25 for each annual or final account, $10 for each annual or final report of a guardian of the person, and $25 for an application to sell property, and says there is no filing fee for an inventory in a guardianship case.

The county clerk "may charge a $10 fee" for the criminal history check it obtains (§1104.402). Registration with the Judicial Branch Certification Commission is free, and the required training is offered free online.

Court costs, including the court-set fees of your parent's attorney ad litem, are paid first from your parent's estate. If the estate can't cover them, the party who incurred them pays, unless that party files an affidavit of inability to pay under Rule 145 of the Texas Rules of Civil Procedure showing they can't afford them, in which case the county pays (§1155.151). Attorney fees for the person applying depend on the work, and the court can order them paid from the estate only if it finds the application was filed in good faith and for just cause (§1155.054).

Frequently asked questions

Does my parent get a lawyer in a Texas guardianship?

Yes. In every proceeding to appoint a guardian, the court must appoint an attorney ad litem to represent your parent's interests (Estates Code §1054.001). The attorney interviews your parent before the hearing and discusses whether alternatives to guardianship would meet their needs. A parent who has capacity to contract can hire their own certified attorney instead.

How long does a temporary guardianship last in Texas?

No more than 60 days, under Estates Code §1251.151, unless it was appointed while a guardianship application is being contested. In that case it ends when the contest hearing concludes, when a permanent guardian qualifies, or nine months after the temporary guardian qualifies, unless the court extends it after a hearing.

Can my parent choose their guardian in advance?

Yes. A parent who isn't incapacitated can sign a declaration of guardian under Estates Code §1104.202, and the court must appoint the person named unless they're disqualified or wouldn't serve your parent's best interests. The declaration can also rule someone out. It must be handwritten by your parent, witnessed by two people, or in some cases notarized.

Does a family member need to be certified to be a guardian in Texas?

No. Under Estates Code §1104.253, a family member or friend doesn't need professional guardian certification. The Judicial Branch Certification Commission still lists steps for a family guardian: its free online training, a free guardianship registration, and a criminal history check that must reach the court at least 10 days before the hearing.

Does guardianship cancel a power of attorney in Texas?

It can. When a permanent guardian of the estate qualifies, a durable power of attorney agent's powers are automatically revoked unless the court orders them suspended instead (Estates Code §751.133). For a medical power of attorney, the probate court decides whether to suspend or revoke the agent's authority (Health and Safety Code §166.156).

Can a guardianship be ended in Texas?

Yes. Your parent, or anyone interested in their welfare, can apply to restore your parent's capacity or limit the guardian's powers, and your parent can start the process with an informal letter to the court (Estates Code §§1202.051, 1202.054). The court also reviews every guardianship each year to decide whether it should continue.

Getting started

Guardianship is the route when nothing was signed in time, and Texas requires the court to look at alternatives first. The documents that make it unnecessary need your parent's signature while they can still give it. The plan this site builds asks four questions, including which state your parents live in, and puts the handful of steps that matter most for your family in order. It's free and takes about 90 seconds.

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Sources

• Texas Estates Code chapter 1001, Purpose and Construction: full or limited guardianship only as necessary (§1001.001).
• Texas Estates Code chapter 1002, Definitions: incapacitated person, ward, and alternatives to guardianship (§§1002.0015, 1002.017).
• Texas Estates Code chapter 1101, General Procedure to Appoint Guardian: the application, the doctor's letter, the hearing, jury trial and required findings (§§1101.001 to 1101.155).
• Texas Estates Code chapter 1104, Selection of and Eligibility to Serve as Guardian: preferences, the declaration of guardian, and disqualifications.
• Texas Estates Code chapter 1054, Court Officers, Court-Appointed Persons, and Attorneys: attorney ad litem, guardian ad litem and court investigator.
• Texas Estates Code chapter 1251, Temporary Guardianships: emergency appointments, hearing timing and the 60-day limit.
• Texas Estates Code chapter 1151, Rights, Powers, and Duties Under Guardianship: guardian of the person's powers and the bill of rights for wards (§§1151.051, 1151.351).
• Texas Estates Code chapter 1163, Annual Account and Other Exhibits and Reports: annual accounts and annual reports.
• Texas Estates Code chapter 1202, Modification or Termination of Guardianship: restoration, modification and closing.
• Texas Estates Code chapter 1155, Compensation, Expenses, and Court Costs: who pays court costs and attorney's fees (§§1155.054, 1155.151).
• Texas Estates Code chapter 1357, Supported Decision-Making Agreement Act: the less restrictive alternative for adults who aren't incapacitated.
• Texas Judicial Branch Certification Commission, Register a Guardianship: registration, training and background check requirements for guardians.
• Texas Office of Court Administration, County-Level Court Civil Suits and Actions: the filing fees for guardianship cases, annual accounts and reports.

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