How to Become a Guardian of an Adult in Houston, Texas

Watching a loved one struggle with memory loss, confusion, or the inability to handle their own affairs can be heartbreaking. Whether it is due to age, illness, or disability, you may reach a point where stepping in legally becomes necessary to protect their safety and well-being. In Texas, that often means pursuing guardianship, but only when other options are not enough.

Guardianship is a serious step. It limits the rights of the person you are trying to protect and requires court oversight. That is why Texas law treats it as a last resort and encourages less restrictive alternatives first.

In this blog, we explain how to become a guardian of an adult in Houston, what the legal process involves, and what to expect at each stage.

Who Can Be a Guardian?

A guardian is someone appointed by the court to make personal or financial decisions for an incapacitated person. Under Texas law, an incapacitated person is someone who, because of a physical or mental condition, is substantially unable to provide for their own food, clothing, or shelter, manage their financial affairs, or make informed medical decisions (Tex. Est. Code § 1002.017). Once the court appoints a guardian, the person receiving care is legally referred to as the ward.

To be appointed as a proposed guardian, you must:

• Be at least 18 years old
• Not have a disqualifying felony conviction or a misdemeanor that involves fraud, dishonesty, or other conduct the court finds morally inappropriate under Texas law (Tex. Est. Code § 1104.353)
• Have no conflict of interest with the person needing care, such as financial disputes or personal grievances that could compromise your ability to act in their best interests
• Complete training as ordered by the court

Texas requires Judicial Branch Certification Commission (JBCC) certification for private professional guardians and some non-family members. Family members are often exempt unless directed by the court.

The court prioritizes the ward’s best interests, giving precedence to a guardian nominated by the ward if the nomination was made while they had capacity, and often favoring suitable family members (Tex. Est. Code §§ 1104.101–102).

When Guardianship Is Necessary

Texas courts do not grant guardianship unless it is clearly necessary. The court must find that the person is unable to provide for their basic needs, manage finances, or make informed medical decisions due to a significant physical or mental condition. Common examples include:

• An elderly parent with Alzheimer’s disease
• An adult with an intellectual disability
• A person recovering from a traumatic brain injury

Before appointing a guardian, the court requires:

• A Certificate of Medical Examination from a Texas-licensed physician, completed within 120 days of filing, must be submitted as part of the guardianship application (Tex. Est. Code § 1101.104)
• Personal service of a citation notifying the proposed ward of the proceedings, their right to attend the hearing, object to the guardianship, and have a court-appointed attorney ad litem
• Appointment of an attorney ad litem to represent the ward’s interests in court

Types of Guardianship in Texas

The court may grant different types of legal guardianship depending on the needs of the ward:

• Guardian of the Person: Makes decisions about the ward’s physical health, medical treatment, and living arrangements
• Guardian of the Estate: Handles financial transactions, manages income, pays bills, and may need court approval for major decisions like selling property. A bond is typically required.
• Temporary Guardian: Appointed in emergencies, usually for up to 60 days (Tex. Est. Code § 1251.052)
• Permanent Guardian: Appointed after a full hearing with court approval
• Limited Guardian: Assigned only specific powers to preserve the ward’s independence, such as authority over medical decisions but not finances, as Texas law prioritizes the least restrictive arrangement (Tex. Est. Code § 1101.101)

In cases involving large estates, family conflict, or competing guardianship requests, the court may divide responsibilities between multiple people or appoint a third party.

The Guardianship Process in Harris County

If the proposed ward resides in Houston, your guardianship application must be filed with the Harris County Probate Court.

Here is what to expect:

1. File the Application. Submit a completed Application for Appointment of Guardian and the required Certificate of Medical Examination.
2. Court Appointments. The court appoints an attorney ad litem to represent the proposed ward and may assign a court investigator to evaluate the ward’s condition. The investigator’s report helps the judge determine if guardianship is necessary and whether the proposed guardian is appropriate (Tex. Est. Code § 1054.151).
3. Background Check. The proposed guardian must undergo a criminal background check.
4. Guardianship Hearing. A hearing is held to decide whether the proposed ward meets the legal definition of incapacity and whether the applicant is fit to serve.
5. Training, Bond, and Court Approval. If approved, you may need to complete court-ordered training. A bond may be required if you are managing finances. The court will then issue letters of guardianship.

Be prepared for costs, including court filing fees, attorney fees, and, for guardians of the estate, a bond to ensure financial accountability.

Legal and Emotional Complexities

Serving as a guardian involves both legal obligations and emotional considerations. Your primary duty is to act in the best interests of the ward, while complying with all court rules.

If you are appointed, you may be responsible for:

• Overseeing medical care and treatment
• Making decisions about living arrangements
• Managing income, benefits, and property (if guardian of the estate)
• Keeping detailed financial records and obtaining court approval for major transactions
• Filing required annual reports or accountings with the court

Guardianship can also involve emotional challenges, such as family disagreements about care or resistance from the ward. These situations may result in guardianship litigation, particularly when multiple people wish to be appointed or when there are disputes over the ward’s condition.

Alternatives to Guardianship

Because guardianship limits a person’s autonomy, Texas law encourages other legal options when appropriate. Depending on your loved one’s capacity, you might consider:

• Powers of attorney for healthcare and finances (requires capacity at the time of signing)
• Supported decision-making agreements, which allow individuals to name a trusted person to assist them with decisions while keeping their rights (Tex. Est. Code § 1357.001)
• Trusts created with the guidance of an estate planning law firm
• Nominating a guardian for an incapacitated adult child in a parent’s will, subject to court approval (Tex. Est. Code § 1104.053)

Each option depends on your loved one’s condition and capacity at the time of planning.

Talk to an Attorney for Legal Guardianship About How to Become a Guardian

At Your Legacy Legal Care®, we know that seeking guardianship is not just a legal process. It is a deeply personal decision made out of care and concern. Whether you are stepping in for an aging parent or protecting a vulnerable adult, our team is here to support you through every step of the process.

When you search online for “guardianship lawyers near me” or “attorney for elderly,” you want someone who understands both the legal steps and the emotional weight that comes with them. From filing a guardianship application to representing you in guardianship litigation, we provide compassionate representation tailored to your situation.

Call [phone_number dsk_contact=’true’ strong=”false”/] or complete our confidential online form to schedule a strategy session. We can walk you through your options, including estimated costs and whether guardianship is necessary. We represent families across Houston, Harris County, and surrounding areas.

While you wait for your strategy session, we invite you to check out our podcast, “Life Happens!”, with estate planning and elder law attorney Kim Hegwood.

We help families plan for the future, protect their loved ones, and guide them through the unexpected.

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The information in this blog post (“post”) is provided for general informational purposes only and may not reflect the current law in your jurisdiction. No information in this post should be construed as legal advice from the individual author or the law firm, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting based on any information included in or accessible through this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country, or other appropriate licensing jurisdiction.

Your Legacy Legal Care®
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Houston, Texas 77062
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