Adult Guardianship Texas: Process, Cost, and Filing Steps

When an aging parent has already lost cognitive capacity and never signed powers of attorney, guardianship is the only legal path to managing their care and finances in Texas. It's expensive, time-consuming, and court-supervised — which is exactly why proactive POA planning matters. But if you're past that window, here's how the process actually works.

Two Types of Guardianship

Texas recognizes two separate guardianship authorities, which can be granted individually or together:

Guardianship of the Person — authority over the parent's physical care, medical decisions, living arrangements, and daily life. This is what you need to sign nursing home admission agreements and consent to medical treatment.

Guardianship of the Estate — authority over the parent's financial accounts, real property, income, and assets. This is what you need to pay bills, manage bank accounts, and handle Medicaid paperwork.

Many families need both. The court can grant them to the same person or split them between different family members.

Step-by-Step Filing Process

1. Get the Certificate of Medical Examination (CME)

Before you can file anything, you need a physician to evaluate the parent and complete the formal CME. This must be done by a Texas-licensed physician, psychologist (for intellectual disabilities), or APRN under physician supervision.

The 120-day rule: The examination must take place within 120 calendar days before the guardianship application is filed. If you file on day 121, the court rejects the CME and you need a new examination.

Critical detail: The examining physician must inform the parent before the examination that their communications are not privileged and check "YES" on the form confirming this disclosure. Missing this step can make the entire CME inadmissible.

2. Hire an Attorney and File the Application

Texas probate rules effectively require attorney representation for guardianship applications. The application is filed in the county or statutory probate court where the parent resides.

3. Complete JBCC Requirements

Before the hearing, the proposed guardian must satisfy three requirements through the Judicial Branch Certification Commission:

• Online registration — register the guardianship details through the JBCC portal (no charge)
• Training — complete the online JBCC Guardianship Training Module and upload the certificate
• Background check — for estates under $50,000, JBCC runs a name-and-DOB check at no cost. For estates $50,000+, you must schedule and pay for fingerprint-based background screening

4. Attend the Hearing

For uncontested cases in major metro areas, many hearings are held via Zoom — though the applicant must be physically present at their attorney's office during the call. The court-appointed attorney ad litem will have already filed their investigation report.

5. Take the Oath and Post Bond

Upon the judge granting guardianship:

• Guardian of the Person: Take the oath and post a nominal cash bond (typically $25 in Harris County)
• Guardian of the Estate: Take the oath and post a formal surety bond through an insurance company. The bond covers the total liquid assets plus estimated annual income. If no estimate is provided, courts impose a minimum initial bond of $13,000. The annual premium is paid from the ward's estate.

The county clerk issues Letters of Guardianship — the proof of authority you'll present to banks, facilities, and government agencies.

Total Cost Breakdown

Contested cases — where a sibling objects, the parent contests, or there are disputes over who should serve — drive costs significantly higher and can take months to resolve.

Ongoing Obligations

Guardianship doesn't end at the hearing. The court requires:

• Guardian of the Person: Annual report on the ward's physical condition, location, and well-being
• Guardian of the Estate: Detailed initial inventory of all assets, plus verified annual accountings of all financial transactions
• Letters renewal: Letters of Guardianship expire one year and 120 days after the guardian's qualification date — annual report submission is required for renewal

Missing these deadlines can result in the court removing you as guardian.

The Alternative That Costs Almost Nothing

If your parent still has cognitive capacity — even intermittently — a Statutory Durable Power of Attorney (financial) and Medical Power of Attorney (healthcare) together accomplish nearly everything guardianship does: bank access, bill payment, medical consent, facility placement. The cost is a notary fee and an afternoon, with no court involvement, no attorney ad litem, no bond, and no annual reporting.

The Texas Power of Attorney & Guardianship Kit covers both paths: the POA route for families who still have time, and the complete guardianship filing process — with checklists, timelines, and JBCC guidance — for families who don't.

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