Formation

The first step in pursuing guardianship is to determine whether it is truly necessary and the least restrictive option available. Guardianship significantly limits the rights of the individual (the ward), so it should only be considered when less restrictive alternatives are not sufficient.

Overview of the Guardianship Process

Because guardianship affects fundamental rights, Texas courts follow a structured process designed to protect the proposed ward and ensure the guardian is qualified. Understanding the steps involved can help families know what to expect and feel more prepared as they move through this important legal process.

Medical Evaluation

A Certificate of Medical Examination (CME) must be completed by a qualified healthcare professional—either a physician, psychologist, or advanced practice registered nurse. This form evaluates the proposed ward’s capacity to perform activities of daily living (ADLs) and to make medical and financial decisions independently.

Filing the Guardianship Application

To file for guardianship, you must be represented by an attorney who is certified to handle guardianship matters by the State Bar of Texas. This is required because guardianship directly impacts another person’s legal rights; it cannot be pursued pro se (without a lawyer).

Notice Requirements

Once the application is filed, certain notice requirements must be fulfilled:

• The proposed ward must be personally served by a constable.
• Parents and spouse of the proposed ward must be personally served or may sign a waiver of service.
• Adult children and siblings must receive notice or sign a waiver.
• The application must also be posted at the courthouse for at least 10 days.

Appointment of Attorney ad Litem (AAL)

The court will appoint an Attorney ad Litem (AAL) to represent the legal interests of the proposed ward. The AAL will:

• Meet and speak confidentially with the proposed ward.
• Review the application, CME, and any other relevant information.
• Discuss the guardianship process with the proposed ward.
• Interview family members and potential witnesses.

Registration and Training Requirements

To be appointed as a guardian, you must:

1. Register the guardianship with the Texas Judicial Branch Certification Commission (JBCC), which will initiate a background check.
2. Complete the JBCC's guardianship training course (available online).

Once completed, you will receive a certificate that must be filed with the court.

Court Hearing and Appointment

After all documents are filed, notices are completed, the CME is submitted, and the AAL has completed their review, the court will schedule a guardianship hearing.

• If the application is uncontested, the hearing is typically a brief presentation ("prove-up") of the facts supporting the need for guardianship and the qualifications of the proposed guardian.
• If the application is contested, it can be a full trial with discovery and mediation prior to the trial. 

If appointed:

• The guardian must sign an Oath of Guardian and pay a bond.
• For large estates, a corporate surety bond may be required.
• After filing the oath and bond, the court will issue Letters of Guardianship, which legally confirm the guardian's authority.

Ongoing Court Oversight

The court maintains continuous oversight of all guardianships:

• A Guardian of the Person must file an Annual Report detailing the ward’s well-being.
• A Guardian of the Estate must file an Annual Accounting of all financial activity.
• Upon approval of these reports, the court will issue updated Letters of Guardianship.

Guardianship is one of the most serious legal tools available, because it removes certain rights from an individual and places them in the hands of another. It should be pursued with caution and care. But when it is necessary, it can provide essential protection and stability for your loved one.

Work With Experienced Texas Guardianship Attorneys

Let the guardianship attorneys at Hammerle Morris walk you through the process, explain your options, and ensure every requirement is met. With our guidance, you can be confident that your loved one’s rights and well-being will be safeguarded, and that you will have the support you need to carry out your role as guardian responsibly.