Houston Guardianship Lawyer

Key Takeaway

Guardianship can help protect an incapacitated adult or minor who needs someone legally authorized to make important personal or financial decisions. In Texas, guardianship is established and overseen by the court, and the process can involve significant legal requirements.

Not sure if guardianship is right for your family? We can help you understand your options.

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Guardianship in Houston, Texas

Most Houston families don’t want to file for guardianship. They have heard that it’s expensive, that it’s invasive, that it strips legal rights from a person who once made all their own decisions, and that the court process can take months. They are often right — guardianship is the most restrictive of the legal tools available for managing decisions for someone who can no longer manage their own. The Texas Legislature deliberately built the law that way, requiring courts to consider less restrictive alternatives before granting full guardianship.

But sometimes guardianship is the right answer. A parent with advanced dementia who never signed a power of attorney. An adult child with intellectual disability turning 18 with no decision-making capacity for major medical or financial choices. A parent whose existing power of attorney isn’t being honored by the bank or hospital that needs to act. A family member who is being financially exploited and whose existing structures aren’t stopping it. In those situations, guardianship works — and a properly handled Texas guardianship is dramatically less burdensome than the alternative of leaving a vulnerable person without legal protection.

The work of a Houston guardianship lawyer is two-sided. Half is helping families avoid guardianship through proper advance planning — durable powers of attorney, medical directives, supported decision-making agreements, and the kind of estate planning that makes guardianship unnecessary. The other half is handling guardianship cases when no other tool will do, navigating the Harris County probate courts efficiently, and helping families through a process that’s genuinely difficult.

Your Legacy Legal Care® has been doing both kinds of guardianship work for Houston families for over 20 years. Attorney Kim Hegwood is a Certified Dementia Practitioner and a member of the National Academy of Elder Law Attorneys. The firm holds the Houston Chronicle’s Best Trust & Estate Law Firm award.

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What Is Guardianship in Texas?

Guardianship in Texas is a court proceeding in which a judge appoints one person (the guardian) to make decisions for another person (the ward) who has been determined to lack the capacity to make their own decisions. Texas Estates Code Chapter 1101 governs guardianship of adults; Chapter 1104 covers some related procedures.

Texas law recognizes several distinct types of guardianship:

Guardianship of the person authorizes the guardian to make personal, medical, and residential decisions for the ward — where the ward lives, what medical treatment they receive, who has access to them, what daily activities they participate in.

Guardianship of the estate authorizes the guardian to manage the ward’s financial affairs — banking, investments, real estate, contracts, taxes, government benefits.

Guardianship of the person and estate combines both authorities in one guardian.

Limited guardianship under Texas Estates Code §1101.151 grants the guardian specific decision-making authority over defined areas while preserving the ward’s authority over everything else. The Texas Legislature added this option specifically because full guardianship was being granted in cases where it was more restrictive than the ward’s actual situation required.

Temporary guardianship for emergency situations where immediate decision-making authority is needed before a full guardianship can be established.

Guardianship of a minor for situations where a child needs a legal guardian — typically because the parents have died, are incapacitated, or have had their parental rights terminated. This is distinct from adult guardianship and follows different procedural rules.

Are You Required to Have an Attorney for Guardianship in Texas?

Yes. Texas requires a licensed attorney to file and prosecute most guardianship applications. The Texas Estates Code’s procedural rules, the Texas Rules of Civil Procedure, and the local rules of the Harris County probate courts collectively make pro se guardianship filings impractical even where they’re technically allowed.

Beyond the formal requirement, guardianship is a legal proceeding with significant due process protections for the proposed ward. The court will appoint an attorney ad litem to represent the proposed ward’s interests, and may also appoint a guardian ad litem and a court investigator. The proposed guardian’s attorney has to navigate all of these participants while building the evidentiary record needed to support the guardianship.

In practical terms: hire a guardianship attorney. The cost of doing the proceeding right is meaningfully less than the cost of getting it wrong and having to redo it.

How Much Does It Cost to Get Legal Guardianship in Harris County?

Guardianship costs in Harris County typically include:

Attorney fees for the proposed guardian. A standard uncontested adult guardianship in Harris County typically runs $4,500 to $7,500 in attorney fees. Contested guardianships, complex estate situations, or cases requiring extensive medical evidence run higher. Our firm provides flat-fee quotes in writing for most guardianship engagements.

Court costs and filing fees. Filing fees in the Harris County probate courts run approximately $400 to $700 for the initial application, with additional fees for various motions and orders during the proceeding.

Attorney ad litem fees. Texas requires the court to appoint an attorney ad litem to represent the proposed ward, paid for by the ward’s estate (or by the proposed guardian if the ward has no estate). Ad litem fees in Harris County typically run $750 to $2,500 for an uncontested case, more if the ad litem identifies issues that require additional investigation or hearings.

Bond. Texas guardians of the estate are required to post a bond unless the will or court order waives it. Bond costs vary based on the size of the ward’s estate and the bond company’s rates, typically 0.5% to 1% of the bond amount per year.

Annual recurring costs. Texas guardians are required to file annual accountings (for guardianships of the estate) and well-being reports (for guardianships of the person). Attorney fees for these ongoing filings typically run $500 to $1,500 per year.

Total typical first-year cost for an uncontested Harris County adult guardianship: roughly $5,500 to $11,000, depending on complexity.

For families weighing whether to pursue guardianship, the cost of avoiding it through advance planning is dramatically lower — typically $1,500 to $3,500 for a comprehensive set of POAs and supporting documents that, when signed before capacity is lost, generally make guardianship unnecessary.

How Long Does It Take to Get Legal Guardianship in Texas?

A typical uncontested Harris County adult guardianship takes three to six months from application to letters of guardianship issuing. The timeline:

1. Application and citation — the proposed guardian’s attorney prepares the application and supporting affidavits, files with the court, and arranges for citation (notice) to be served on the proposed ward and other interested parties. Two to three weeks.
2. Court investigation and ad litem review — the court-appointed investigator and attorney ad litem meet with the proposed ward, review medical evidence, and prepare reports for the court. Four to eight weeks.
3. Hearing and order — the court holds a hearing on the application, receives evidence, and (if guardianship is granted) issues an order appointing the guardian. Two to four weeks after the ad litem report is filed.
4. Letters of guardianship — after bond is posted (if required) and any other administrative steps are completed, the court clerk issues Letters of Guardianship that the guardian presents to banks, hospitals, and other institutions to prove their authority. Two to three weeks after the hearing.

Contested guardianships, cases requiring extensive medical evidence, or cases involving disputes among family members about who should serve as guardian can take six months to two years or longer.

For situations requiring immediate authority before a full guardianship can be established, temporary guardianship can sometimes be obtained in days to weeks, providing the guardian with limited authority for up to 60 days while the permanent guardianship application proceeds.

How Do I Apply for Guardianship in Harris County?

The Harris County guardianship process follows Texas Estates Code procedures with local court-specific requirements. The general outline:

1. Determine whether guardianship is necessary. Texas Estates Code §1101.101 requires the court to find that no less restrictive alternative would meet the proposed ward’s needs before granting guardianship. Before filing, the proposed guardian and their attorney should evaluate whether existing powers of attorney, supported decision-making agreements, or other less restrictive structures would address the situation.
2. Determine the right type of guardianship. Person, estate, or both. Full or limited. Temporary or permanent. The application has to specify what authorities the proposed guardian is seeking.
3. Prepare the application and supporting documents. The application identifies the proposed guardian, the proposed ward, the basis for guardianship, the assets involved (for guardianships of the estate), and the specific authorities sought. Supporting documents typically include a Certificate of Medical Examination from a physician confirming the proposed ward’s incapacity.
4. File the application in the appropriate Harris County probate court. Harris County has four statutory probate courts that handle guardianship cases.
5. Serve the citation on the proposed ward and other interested persons (the proposed ward’s spouse, adult children, parents, siblings, and others entitled to notice under Texas law).
6. Cooperate with the court investigation and ad litem review. The investigator and attorney ad litem need access to the proposed ward and to relevant records.
7. Attend the hearing. The proposed guardian, their attorney, and (typically) the proposed ward and the attorney ad litem appear before the court. The judge reviews evidence, hears testimony, and rules on the application.
8. Post bond and obtain letters of guardianship. Once the order is signed and any bond requirement is satisfied, the court clerk issues the official Letters of Guardianship.
9. Begin ongoing compliance. Guardians have continuing obligations — annual accountings, well-being reports, court approval for certain transactions, communication with the attorney ad litem, and various other requirements depending on the type of guardianship.

We handle each of these steps as part of a coordinated guardianship engagement.

When Less Restrictive Alternatives Are the Right Answer

Texas law strongly prefers less restrictive alternatives to full guardianship when they will meet the person’s needs. Texas Estates Code §1101.101 requires the court to find that no less restrictive alternative would suffice before granting guardianship — and the alternatives have grown significantly over the past decade.

The main less-restrictive options:

A durable financial power of attorney authorizing an agent to handle financial affairs. When properly drafted and signed before capacity is lost, this generally eliminates the need for a guardianship of the estate.

A medical power of attorney authorizing an agent to make health care decisions. When signed in advance, this generally eliminates the need for a guardianship of the person for medical decisions.

A HIPAA authorization and Directive to Physicians addressing the medical record access and end-of-life care decisions that would otherwise require court involvement.

A Supported Decision-Making Agreement (SDMA) under Texas Estates Code Chapter 1357. Texas was one of the first states to formally adopt SDMAs in 2015, and the agreement has become the preferred alternative to guardianship for many young adults with intellectual or developmental disabilities. The SDMA designates “supporters” who help the person make decisions while preserving the person’s legal authority to make their own choices.

A properly funded revocable living trust with successor trustee provisions. When the grantor becomes incapacitated, the successor trustee takes over management of trust assets without any court involvement.

Limited guardianship when some legal authority is needed but full guardianship would be excessive. The court grants the guardian specific defined authorities while preserving the ward’s autonomy elsewhere.

For most situations where guardianship is being considered, at least some combination of these alternatives can either eliminate the need for guardianship or substantially limit its scope. We covered this in detail in our blog post on avoiding guardianship through proper planning.

Houston — Main Office

• Address:1150 Clear Lake City Blvd., Suite 100 Houston, TX 77062
• Hours: M-F 9:00 A.M.-5 P.M.
• Phone:(281) 218-0880

Katy

• Address:10810 Katy Fwy #102, Houston, TX 77043
• Hours: M-F 9:00 A.M.-5 P.M.
• Phone:(281) 218-0880

Bay City

• Address:2232 Avenue G Ste 100, Bay City, TX 77414
• Hours: M-F 9:00 A.M.-5 P.M.
• Phone:(281) 218-0880

Sugar Land

• Address:120 Eldridge Rd Ste A, Sugar Land, TX 77478
• Hours: M-F 9:00 A.M.-5 P.M.
• Phone:(281) 218-0880

When Full Guardianship Is the Right Answer

Despite the legal preference for less restrictive alternatives, some situations require full guardianship. The cases we see most often:

No advance planning was done. A parent with advanced dementia never signed a power of attorney while they had capacity. The financial documents needed to act on their behalf don’t exist. Less restrictive alternatives can’t be created retroactively because the principal no longer has capacity to sign them.

Existing documents aren’t being honored. A power of attorney signed years ago that the bank, hospital, or other institution refuses to accept — sometimes legitimately (the document has technical defects), sometimes not. When the institution won’t budge, guardianship may be the only path forward.

The proposed ward needs protection from financial exploitation. A parent who’s being taken advantage of by a caregiver, family member, or stranger. The existing POA may itself be the problem (the agent is the exploiter), or the existing structures may simply not be effective at stopping the exploitation. Guardianship provides court oversight that the alternatives don’t.

The decisions involved are outside what less restrictive tools can authorize. Some specific decisions — admitting a person to a long-term care facility against their stated wishes, certain mental health treatment decisions, decisions about disputing life-sustaining treatment when the directive doesn’t address the situation — may require guardianship even when other documents exist.

The proposed ward has no capacity to sign new documents. Once capacity is gone, less restrictive alternatives that would have been the right answer become unavailable. Guardianship may be the only option.

The family has tried less restrictive alternatives and they haven’t worked. Sometimes the alternatives are theoretically available but not practically effective for the specific situation.

We help families work through whether guardianship is genuinely necessary in each case, and we don’t recommend it when something less invasive would do the job.

Why Houston Families Choose Your Legacy Legal Care®

Guardianship is the practice area where the difference between a firm familiar with the Harris County probate courts and one that handles guardianships occasionally is most apparent. The local rules matter. The relationships with court investigators and attorneys ad litem matter. The understanding of which judges expect what level of evidence and what form of orders matters. We’ve been working in these courts for over 20 years.

The firm holds the Houston Chronicle’s Best Trust & Estate Law Firm award. Attorney Kim Hegwood is a Certified Dementia Practitioner and a NAELA member.

We operate from five offices across Greater Houston: Clear Lake, the Galleria, Katy, Bay City, and Sugar Land. Most guardianship engagements are quoted as a flat fee in writing before drafting begins.

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Five offices serving the Greater Houston area and clients across Texas.