Adult Guardianship in Texas
Reviewed by DocDraft Legal Team - Texas - Last updated October 9, 2026
In Texas an adult guardianship is decided by the county court, a county court at law exercising probate jurisdiction, or a statutory probate court under Title 3 of the Texas Estates Code. The adult is the "proposed ward" and, if appointed, the "ward", and the guardian may be a guardian of the person, a guardian of the estate, or both, with full or limited authority. The court must find incapacity by clear and convincing evidence, and it appoints an attorney ad litem in every guardianship proceeding; a proposed ward with capacity to contract may instead retain their own attorney. The applicant must present a letter or certificate from a physician or another provider the statute allows, dated, and based on an examination performed, not earlier than the 120th day before the application is filed. Texas also gives the proposed ward a jury trial on request.
Find out where you stand in Texas
What is happening with the adult you are concerned about?
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How does a court decide an adult needs a guardian in Texas?
By clear and convincing evidence, the court must find the proposed ward incapacitated, meaning substantially unable, due to a physical or mental condition, to provide food, clothing or shelter, care for physical health, or manage finances, shown by recurring acts or occurrences in the preceding six months and not by isolated instances of negligence or bad judgment, and that alternatives and supports and services were considered and not feasible.
Which court and which form handle an adult guardianship in Texas?
The application goes to the county court, a county court at law exercising probate jurisdiction, or a statutory probate court, which has exclusive jurisdiction in a county that has one. Ask the court clerk which application form and local requirements the court uses.
What medical report does a Texas guardianship application need?
The applicant must present a letter or certificate from a physician licensed in Texas, or another provider the statute allows, about the proposed ward's physical or mental condition. It must be dated, and based on an examination performed, not earlier than the 120th day before the application is filed. The court clerk can confirm who may sign.
What rights does a proposed ward have in a Texas guardianship case?
The proposed ward is personally served with citation and, in every guardianship appointment proceeding, the court appoints an attorney ad litem to represent the proposed ward's interests. The proposed ward must be present at the hearing unless the court determines a personal appearance is not necessary, and is entitled to a jury trial on request.
Texas Guardianship: Ad Litem, Physician's Certificate, Jury on Request
Texas calls this a guardianship and the adult the proposed ward, then the ward. The court may appoint a guardian of the person, a guardian of the estate, or both, with full or limited authority, but only as indicated by the person's actual mental or physical limitations and only as necessary to promote and protect the person's well-being. The case is heard in the county court, a county court at law exercising probate jurisdiction, or a statutory probate court. The court must find incapacity by clear and convincing evidence, and must also find by clear and convincing evidence that alternatives to guardianship and available supports and services were considered and determined not to be feasible. The applicant presents a letter or certificate from a physician or another provider the statute allows, dated, and based on an examination performed, not earlier than the 120th day before filing. The court appoints an attorney ad litem for the proposed ward in every case, a court investigator looks at less restrictive alternatives, a court visitor may be appointed, and the proposed ward is entitled to a jury trial on request.
Relevant Laws
Texas Estates Code Chapters 1001 and 1002 (Definitions and General Provisions)
A court may appoint a guardian with full or limited authority over an incapacitated person as indicated by the person's actual limitations and only as necessary to promote and protect the person's well-being. Section 1002.017 defines an incapacitated person, including an adult who, because of a physical or mental condition, is substantially unable to provide food, clothing, or shelter, care for physical health, or manage financial affairs.
Texas Estates Code Chapter 1101 (Procedure for Appointment of Guardian)
Section 1101.101 requires clear and convincing evidence of incapacity, and that alternatives and supports and services were considered and determined not to be feasible. Section 1101.102 requires evidence of recurring acts or occurrences in the preceding six months. Section 1101.103 sets the medical letter or certificate and its 120-day timing; Section 1101.051 and 1101.052 cover the proposed ward's presence at the hearing and jury trial on request.
Texas Estates Code Chapters 1051 and 1054 (Notice and Court-Appointed Persons)
Section 1051.103 requires personal service of citation on the proposed ward (12 years of age or older) and others, and Section 1051.106 bars action before the Monday following the 10-day period beginning on service. Section 1054.001 requires the court to appoint an attorney ad litem for the proposed ward; Chapter 1054 also covers court visitors and court investigators.
Texas Judicial Branch Forms Index (Probate and Guardianship)
The Texas Judicial Branch forms index lists court forms by subject. Ask the clerk of the court where the case is filed which application form to use.
Regional Variances
Texas adult guardianship requirements
Court
County court, county court at law exercising probate jurisdiction, or statutory probate court. A statutory probate court has exclusive jurisdiction of all probate proceedings in a county that has one (Tex. Est. Code s.32.005(a)).
Terms used
Guardianship; guardian of the person, guardian of the estate, or both, with full or limited authority. The adult is the proposed ward, then the ward, and is an incapacitated person (Title 3, Tex. Est. Code).
Petition form
Filed as an application for guardianship. Ask the clerk of the court which application form and local requirements it uses.
Incapacity standard and proof
An adult who, because of a physical or mental condition, is substantially unable to provide food, clothing, or shelter, care for physical health, or manage financial affairs (s.1002.017(2)), shown by recurring acts or occurrences in the preceding six months and not isolated instances of negligence or bad judgment (s.1101.102). Clear and convincing evidence (s.1101.101(a)).
Medical or evaluator report
Letter or certificate from a physician licensed in Texas, or another provider the statute allows, dated and based on an examination performed not earlier than the 120th day before the application is filed (s.1101.103). Ask the clerk who may sign.
Notice and service
Citation personally served by the sheriff or other officer on the proposed ward (12 or older), parents, spouse, and others (s.1051.103(a)); court may not act until proof of notice is filed and not earlier than the Monday following the expiration of the 10-day period beginning on the date service is made (s.1051.106).
Right to counsel
The court shall appoint an attorney ad litem to represent the proposed ward's interests (s.1054.001). A proposed ward with capacity to contract may instead retain their own attorney (s.1054.006(a)(2)).
Less restrictive alternatives
Court must find by clear and convincing evidence that alternatives and supports and services were considered and determined not to be feasible (s.1101.101(a)(1)(D)-(E)). A court investigator investigates less restrictive alternatives (s.1054.151). Supported Decision-Making Agreement Act, Ch. 1357.
Bond and reports
Bond for guardian of the person or estate, except a corporate fiduciary or county-operated guardianship program; a surviving parent's will or declaration may direct no bond for a guardian of the person, but no waiver for a guardian of the estate (s.1105.101). Inventory within 30 days after qualifying unless longer is granted (s.1154.051). Person's annual report due by the 60th day after each 12-month reporting period ends (s.1163.102); estate's initial annual account due by the 60th day after the first anniversary of qualification, unless the court extends that period (s.1163.001).
Suggested Compliance Checklist
Review less restrictive alternatives
Before filing days after startingConsider a durable power of attorney, a healthcare power of attorney, or a supported decision-making agreement under Chapter 1357. The court must find by clear and convincing evidence that alternatives and supports and services were considered and determined not to be feasible.
Confirm the court and application
Before filing days after startingIdentify whether the county court, county court at law exercising probate jurisdiction, or statutory probate court has jurisdiction, and ask its clerk which application and local requirements it uses.
Obtain the physician's letter or certificate
Within 120 days before filing days after startingThe letter or certificate must be dated, and based on an examination performed, not earlier than the 120th day before the application is filed. Ask the clerk or an attorney who may sign.
File the application and arrange service
At filing days after startingFile the application, arrange personal service of citation on the proposed ward and others the statute lists, send the application and notice to adult children, adult siblings and others by a qualified delivery method, and file proof of notice. The court may not act earlier than the Monday following the expiration of the 10-day period beginning on the date service is made.
Calendar the post-appointment duties
After appointment days after startingA guardian of the person or estate gives bond unless a corporate fiduciary or county-operated program, or, for a guardian of the person only, a surviving parent's will or written declaration directs no bond; bond cannot be waived for a guardian of the estate. A guardian of the estate files an inventory within 30 days after qualifying unless the court grants longer. Calendar the person's annual report by the 60th day after each 12-month reporting period ends, and the estate's first annual account by the 60th day after the first anniversary of qualifying, unless the court extends that period.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Review less restrictive alternatives | Consider a durable power of attorney, a healthcare power of attorney, or a supported decision-making agreement under Chapter 1357. The court must find by clear and convincing evidence that alternatives and supports and services were considered and determined not to be feasible. | durable-power-of-attorney | Before filing |
| Confirm the court and application | Identify whether the county court, county court at law exercising probate jurisdiction, or statutory probate court has jurisdiction, and ask its clerk which application and local requirements it uses. | - | Before filing |
| Obtain the physician's letter or certificate | The letter or certificate must be dated, and based on an examination performed, not earlier than the 120th day before the application is filed. Ask the clerk or an attorney who may sign. | - | Within 120 days before filing |
| File the application and arrange service | File the application, arrange personal service of citation on the proposed ward and others the statute lists, send the application and notice to adult children, adult siblings and others by a qualified delivery method, and file proof of notice. The court may not act earlier than the Monday following the expiration of the 10-day period beginning on the date service is made. | - | At filing |
| Calendar the post-appointment duties | A guardian of the person or estate gives bond unless a corporate fiduciary or county-operated program, or, for a guardian of the person only, a surviving parent's will or written declaration directs no bond; bond cannot be waived for a guardian of the estate. A guardian of the estate files an inventory within 30 days after qualifying unless the court grants longer. Calendar the person's annual report by the 60th day after each 12-month reporting period ends, and the estate's first annual account by the 60th day after the first anniversary of qualifying, unless the court extends that period. | - | After appointment |
Frequently Asked Questions
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