What To Expect During A Guardianship Proceeding In Texas: A Step-By-Step Guide

In this article, you can discover…

• The purpose of a guardianship hearing, and what to expect.
• The documents you should bring with you to the hearing.
• What happens when a judge denies a guardianship request.

What Is The Purpose Of A Guardianship Proceeding In Texas?

A guardianship proceeding in Texas determines whether an individual requires a legal guardian to manage their affairs and/or property. This process is designed to protect the proposed ward while ensuring their rights are not unnecessarily restricted. Individuals whom guardianship is generally intended for include:

• Minors With Assets: If a child under 18 has assets that cannot be managed by their parents, a legal guardian of the estate may be appointed.
• Adults With Disabilities: Those who are incapacitated and require ongoing care may need a guardian of the person and/or estate even after turning 18.
• The Elderly: Those suffering from dementia, Alzheimer’s, or other incapacities may require a guardian to make financial, medical, and personal decisions on their behalf.

In a guardianship proceeding, the court will review medical evidence, testimony, and legal arguments to determine:

• If the proposed guardianship is necessary.
• If so, who should serve as the guardian.

In the example of a husband and wife, if one spouse becomes incapacitated, the other typically assumes decision-making responsibilities. However, without a power of attorney or medical directive, a formal guardianship may be required.

Ultimately, the goal of a guardianship proceeding is to ensure the individual in question is protected while balancing their independence and legal rights.

What Documents Should I Prepare To Bring To The Hearing?

To initiate and successfully navigate a guardianship proceeding in Texas, you will need to prepare and submit several key documents. At a bare minimum, you must file an Application for Guardianship, which is essentially a lawsuit requesting the court to appoint a guardian.

Beyond this, there are some other essential documents, including:

• Physician’s Certificate Of Medical Examination: This document is completed by a doctor confirming the proposed ward’s incapacity, as required under the Texas Estates Code. Some counties, like Hidalgo County, require specific court-approved forms which can be found on the Hidalgo County Probate Court’s website.
• Proposed Guardian’s Background Check: The intention here is to ensure the guardian is qualified to take on the role.
• Financial Records (As Relevant): If seeking guardianship of the estate, you must provide records of the proposed ward’s assets, income, and financial obligations.
• Bond Requirement (For Guardianships of the Estate): In Texas guardianships, the court sets the bond based on the proposed ward’s personal property value plus yearly revenue, ranging widely, with premiums at 0.5% to 2%. This ensures the assets are protected.
• Affidavits Or Supporting Statements: Any witness testimony or written statements supporting the need for guardianship.

Proper preparation ensures a smoother hearing and significantly increases the likelihood of the court granting guardianship.

Who Is Present At A Guardianship Proceeding In Texas?

Guardianship proceedings in Texas typically include several key individuals who play a role in determining whether guardianship is necessary and who should be appointed as the guardian. They typically include the:

• Judge: The presiding judge will review the case, hear testimony, and make a ruling.
• Applicant (Proposed Guardian): The person seeking guardianship must be present to explain why they are the best fit for the role.
• Proposed Ward: If physically able, the proposed ward may be required to attend. Some courts, like those in Hidalgo County, prefer in-person attendance but may allow Zoom participation if the ward is bedridden or unable to travel.
• Attorney Ad Litem: This is typically a court-appointed lawyer representing the proposed ward’s best interests and ensuring that the applicant is a suitable guardian.
• Family Members: Relatives who either support or contest the guardianship may attend to provide testimony.

Aurelio Garza of The Law Office Of Aurelio Garza PLLC has over 15 years of experience guiding Texas families through the complexities of guardianship proceedings. His firm has helped clients navigate the legal, financial, and emotional aspects of securing guardianship for loved ones, ensuring that vulnerable individuals receive the care and protection they need. With a deep understanding of Texas guardianship law, he provides personalized support at every step, from filing petitions to courtroom representation.

If you need guidance on a guardianship matter, contact The Law Office Of Aurelio Garza PLLC to discuss your options today.

What Questions Do Judges Ask During Guardianship Hearings?

During a guardianship hearing, the judge will ask a series of questions to determine whether guardianship is necessary and whether the proposed guardian is suitable for the role. These are some key questions judges may ask:

• Why Is This Guardianship Necessary?

The judge will review the physician’s certificate to assess the proposed ward’s mental and/or physical impairments and whether guardianship is the best option.

• Were Any Alternatives Considered?

The court prefers the least restrictive option. If the proposed ward has a power of attorney or medical power of attorney, the judge will ask why guardianship is still needed.

• Can The Proposed Guardian Responsibly Manage The Ward’s Affairs?

The judge will assess the guardian’s qualifications, background, and ability to handle financial and personal decisions.

• Does The Proposed Ward Agree To The Guardianship?

If the ward can express their preferences, the judge may ask if they consent or object to the guardianship.

What Happens If The Judge Denies The Guardianship Application?

If a judge denies a guardianship application, it is often because there is insufficient evidence to prove that the proposed ward is incapacitated. However, this does not mean all options are lost. Instead, the judge may suggest alternatives such as:

• Power Of Attorney: If the proposed ward is still capable of understanding legal decisions, they may be able to sign a medical and/or financial power of attorney instead of requiring guardianship.
• Supported Decision-Making Agreement: This allows the ward to receive help in making decisions without giving up full legal control.
• Advance Directives: In some cases, setting up documents like a living will or healthcare proxy may be sufficient for the individual’s needs.
• Resubmitting The Application: If the denial was due to missing evidence, such as an incomplete physician’s certificate, the applicant may be able to reapply with stronger evidence.

What Are The Common Steps Involved In A Guardianship Hearing?

The Texas guardianship process follows several key steps to ensure the proposed ward’s best interests are protected. We have outlined them here for you. Of course, each case is unique and may not fit this overview if it is especially complex. Nonetheless, this overview captures the flow of the vast majority of guardianship cases.

Filing The Application

The proposed guardian files a formal application for guardianship with the probate court. Then, a physician’s certificate is obtained to document the ward’s incapacity.

Serving Notice To Family Members

All interested family members, such as adult children or spouses, are notified. The proposed ward must also receive personal notice.

Appointment Of An Attorney Ad Litem

The court appoints an ad litem attorney to represent the proposed ward’s interests. The ad litem meets with the ward to assess their condition preferences and living situation.

Court Hearing

The judge reviews medical evidence, testimony, and legal arguments. Family members may contest or support the guardianship request.

Judge’s Decision

If the judge grants guardianship, the guardian must take an oath and possibly post a bond if managing the ward’s estate. Letters of Guardianship are issued, granting legal authority.

How Do You Guide Your Clients Through Each Of These Steps?

When a client comes to me about guardianship, I take the time to truly listen and understand their concerns. This is a big step, and I want them to feel fully supported from start to finish.

From our very first conversation, I walk them through what to expect, whether they are seeking guardianship of the person to make personal decisions for a loved one or guardianship of the estate to manage their finances. I take care of everything—filing the petition, preparing them for the hearing, and making sure they have all the necessary paperwork, like physician certificates and background checks. If assets are involved, I help them understand how the court sets bond amounts so there are no surprises.

My goal is to make this process as smooth and stress-free as possible. I know how emotional these cases can be, and I want my clients to feel confident, informed, and cared for every step of the way.

Still Have Questions? Ready To Get Started?

For more information on Guardianship Proceedings in Texas, an initial consultation is your next best step; mention you read this article on our website and we’ll waive our consultation fee. Get the information and legal answers you are seeking by calling (956) 513-1117 today.