{"id":13053,"date":"2025-01-19T06:00:36","date_gmt":"2025-01-19T12:00:36","guid":{"rendered":"https:\/\/legaltalktexas.hammerle.com\/?p=13053"},"modified":"2025-06-18T12:06:42","modified_gmt":"2025-06-18T17:06:42","slug":"procedure-for-simple-guardianship","status":"publish","type":"post","link":"https:\/\/hammerle.com\/legaltalk\/adult-guardianship\/procedure-for-simple-guardianship\/","title":{"rendered":"Texas Guardianships: Explaining the Procedure for a Simple Guardianship"},"content":{"rendered":"

This is the first in a three-part series on Texas guardianships.<\/span><\/i><\/p>\n

You might be tempted to skip a three-part series on <\/span>Texas guardianships<\/span><\/a> because it will never happen to you.<\/span><\/p>\n

So na\u00efve.\u00a0<\/span><\/p>\n

I\u2019ve handled Texas guardianship cases for over 20 years. I\u2019ve served as a guardian ad litem, attorney ad litem, and third-party guardian. I\u2019ve represented applicants, contestants, and other interested parties.\u00a0<\/span><\/p>\n

I\u2019ve seen children fight over a parent, parents fight over an adult child, brothers and sisters fight over a sibling, creditors fight over a debtor, and exploiters fight over their victim. I\u2019ve seen people have to choose between filing for guardianship over their spouse or for divorce. I\u2019ve seen defendants in a civil suit file for guardianship over the plaintiff suing them.<\/span><\/p>\n

So, believe me when I say: it can happen to you.<\/span><\/p>\n

An Introduction to Guardianship Over an Incapacitated Adult<\/span><\/h2>\n

Guardianship<\/span><\/a> is a court-created relationship involving an incapacitated person. Let\u2019s use an example to explain the terms and requirements of a simple guardianship.\u00a0<\/span><\/p>\n

What is an Incapacitated Adult?<\/span><\/h3>\n

An incapacitated person is an adult who, because of a physical or mental condition, is substantially unable to provide food, clothing, or shelter for him\/herself, care for his\/her own physical health, or manage his\/her own financial affairs.\u00a0<\/span><\/p>\n

Simple Adult Guardianship<\/span><\/h3>\n

Your mom is <\/span>living by herself<\/span><\/a>. Over the last year, her behavior has changed. She can\u2019t remember recent events. She doesn\u2019t wash her hair or bathe. She wears the same clothes every day, refuses to go to the doctor, and often forgets to eat. She cannot remember to take her medication. Recently, she gave her credit card information to a nice man who called her on the phone and now has a $20,000 unapproved charge.\u00a0<\/span><\/p>\n

Worse, she is physically combative.\u00a0<\/span><\/p>\n

You contact an attorney who is certified to act as an ad litem in Texas (these are the only types of attorneys who can represent a party in a guardianship proceeding). You discuss whether there are alternatives to a guardianship that will protect your mom, and conclude there are not.<\/span><\/p>\n

The Steps to Adult Guardianship<\/span><\/h2>\n

1. Apply to be a Guardian\u00a0<\/span><\/h3>\n

The attorney files an application for <\/span>guardianship of the person<\/span><\/a> and estate over your mom. You are the applicant. Your mom is the proposed ward.\u00a0<\/span><\/p>\n

2. <\/span>Fulfill Requirements<\/span><\/h3>\n

Because you are asking to be appointed your mom\u2019s guardian, you take a required guardianship class and submit your personal information for a background check.<\/span><\/p>\n

3. Parties are Notified<\/span><\/h3>\n

Your mom is personally served with the application. Other notices are publicly posted or served on interested parties.<\/span><\/p>\n

4. Attorney Files Necessary Documents<\/span><\/h3>\n

Your attorney posts a cost deposit to pay for an ad litem. Your attorney files a Certificate of Medical Examination regarding your mom, an affidavit containing contact information, and a proposed order of guardianship. Some courts require additional documents.\u00a0<\/span><\/p>\n

5. Court Investigator and Attorney Ad Litem are Appointed<\/span><\/h3>\n

The Judge appoints a court investigator. The Judge also appoints an attorney \u2013 known as an <\/span>attorney ad litem or AAL<\/span><\/a> \u2013 to represent your mom.<\/span><\/p>\n

6. Court Investigator and AAL Evaluation<\/span><\/h3>\n

The court investigator and AAL personally visit with your mom and you. They are entitled to see your mom\u2019s financial and medical records. The court investigator then files his or her report.\u00a0<\/span><\/p>\n

7. Court Appearance to be Appointed<\/span><\/h3>\n

Your mom and you appear in court for a final hearing with the attorney ad litem and the court investigator. You are appointed her guardian and post a bond. You are required to file an annual report every year, and possibly an accounting.<\/span><\/p>\n

8. Simple Guardianship is Complete<\/span><\/h3>\n

That is a simple guardianship. No contest, temporary restraining order, temporary guardianship, motion in limine, appointment of guardian ad litem, mediation, or interlocutory appeal.<\/span><\/p>\n

Hammerle Morris is Here to Help With Adult Guardianship<\/span><\/h2>\n

If you or a loved one have questions about guardianship, schedule a <\/span>consultation<\/span><\/a> with our team of expert attorneys today.\u00a0<\/span><\/p>\n

And don\u2019t forget to read the next two parts of this guardianship series:\u00a0<\/span><\/p>\n