Texas: Adult Guardianship and Conservatorship Petition Requirements
The short answer
Texas uses one guardianship application for authority over the person, the estate, or both. Any person may file a sworn application, but the applicant must identify the functional incapacity, requested rights and powers, assets, agents, relatives, alternatives, and supports. Appointment requires clear and convincing proof of incapacity, benefit and protection, and that alternatives and supports are not feasible; isolated negligence or bad judgment is insufficient. The adult is personally served, automatically receives an attorney ad litem, ordinarily attends the hearing, may retain qualified counsel, and may request a jury in a contested case. Current medical evidence and, where available, a court-investigator review support a tailored full or limited order.
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This is the general rule in Texas. Ezel applies current Texas law to your specific facts and answers with citations to the statutes.
| Proceeding and state terminology | Estates Code Title 3 uses one 'guardianship' proceeding and one application for a guardian of the person, estate, or both (§ 1101.001). This page covers the ordinary adult appointment; temporary guardianship is addressed only as a boundary. |
|---|---|
| Who may file and where | Any person may file in a court exercising original probate jurisdiction (§§ 1022.001, 1101.001). Adult venue is the county where the proposed ward resides or is located when filed, or where the proposed ward's principal estate is located (§ 1023.001). |
| What the petition must contain | Sworn application: adult and proposed guardian identity; person, estate, or both; alternatives and supports considered and feasibility; nature/degree of incapacity; protection, assistance, rights, and powers requested; supporting facts and applicant interest; other guardianships; caregiver information; property and benefits; known power-of-attorney holder; spouse, parents, siblings, children, and fallback relatives; venue facts; and professional-guardian status when applicable (§ 1101.001). |
| Proof required for appointment | Clear and convincing proof must establish incapacity, best interest, protection of rights/property, and that alternatives and supports are not feasible (§ 1101.101). Adult incapacity is substantial inability, because of a physical or mental condition, to provide food/clothing/shelter, care for physical health, or manage finances (§ 1002.017). Recurring acts in the prior six months—not isolated negligence or bad judgment—must evidence incapacity (§ 1101.102). |
| Alternatives the court must address | The application must address alternatives and supports and whether they can avoid guardianship; the court must find both infeasible before appointment (§§ 1101.001, 1101.101). Statutory alternatives include medical and durable powers of attorney, representative payee, joint account, management or special-needs trust, advance guardian designation, and person-centered alternate decision-making (§ 1002.0015). A court investigator, where appointed, investigates whether a less restrictive alternative is appropriate (§ 1054.151). |
| Notice, service, and hearing timing | The adult, parents, spouse, care/controller, and proposed guardian if different from the applicant receive personal citation; adult children, siblings, facility administrators, known agents, designated guardians, and specified relatives receive the application and notice by qualified delivery (§§ 1051.103-.104). The court cannot act before the Monday after the ten-day service period expires and the applicant files proofs and affidavit (§ 1051.106). |
| Counsel and hearing rights | The court automatically appoints an attorney ad litem to represent the adult's interests and expressed wishes; the adult may retain certified counsel instead, subject to a capacity-to-retain-counsel hearing (§§ 1054.001, 1054.006). The adult must attend unless the court states why appearance is unnecessary, may request a closed hearing, and a party may request a jury in a contested case (§§ 1101.051, 1055.052). |
| Medical evidence or court evaluator | Ordinarily the applicant must present a current professional letter/certificate based on an examination within 120 days; it addresses functional deficits, decision-making, medication, prognosis, supports, necessity, and possible limited powers (§ 1101.103). The official compilation carries parallel examiner versions (physician/qualified psychologist and physician/supervised APRN), plus a separate intellectual-disability documentation route (§ 1101.104). Where the court has an investigator, filing triggers a less-restrictive-alternative investigation and a report (§§ 1054.151, 1054.153, 1054.156). |
| Limits on the order | A full order follows a finding of total incapacity and must specify transferred rights; if the adult can perform some tasks with or without supports, the court may grant only limited powers and must list guardian powers and the adult's retained rights with and without supports (§§ 1101.151-.152). Temporary guardianship is separate: immediate need plus substantial evidence/probable cause, limited powers, retained untransferred rights, and no presumption of incapacity (§§ 1251.001-.002). |
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Requirements one by one
Proceeding and state terminology
Texas uses one guardianship system for both personal and financial authority. A single sworn application may seek a guardian of the person, a guardian of the estate, or both. The Estates Code uses “proposed ward” for the adult alleged to be incapacitated. This page addresses the ordinary permanent appointment process, not a temporary guardianship as a substitute.
Who may file and where
Any person may commence the case. The application goes to a court exercising original probate jurisdiction. For an adult, venue lies in the county where the adult resides or is located when the application is filed, or where the adult's principal estate is located.
What the petition must contain
The application must be sworn. It identifies the adult, applicant, proposed guardian, relationship, and whether personal authority, estate authority, or both is requested. It must describe the nature and degree of incapacity, the specific protection and assistance sought, and any requested loss of voting, driving, or residence-decision rights.
The filing also discloses the facts supporting appointment, existing out-of-state guardianships, persons with care or custody, assets and benefits, known powers of attorney, spouse and relatives, venue facts, and any professional-guardian status. Separate questions require the applicant to state whether alternatives and supports were considered and whether feasible measures would avoid guardianship.
Proof required for appointment
The court must find by clear and convincing evidence that the adult is incapacitated, appointment is in the adult's best interest, appointment will protect the adult's rights or property, and alternatives and available supports are not feasible.
For an adult, the statutory definition asks whether a physical or mental condition makes the person substantially unable to provide food, clothing, or shelter, care for physical health, or manage financial affairs. The evidence must show recurring acts or occurrences during the preceding six months; isolated negligence or bad judgment is not enough.
Alternatives the court must address
Alternatives are both a pleading and merits issue. Texas lists medical and durable powers of attorney, a representative payee, joint accounts, management and special-needs trusts, advance guardian designation, and person-centered alternate decision-making. The court cannot appoint a guardian until it finds that alternatives and supports that would avoid guardianship were considered and are not feasible.
Where a court investigator serves the court, that investigator examines whether a less restrictive alternative is appropriate.
Notice, service, and hearing timing
The adult receives personal citation. Personal service also reaches known parents and spouse, anyone with court-appointed or actual control of the adult's care and welfare, and the proposed guardian if that person did not file. The applicant sends the application and statutory notice by a qualified delivery method to adult children, adult siblings, residential administrators, known power-of-attorney holders, guardian designees, and specified relatives.
The applicant files the notices, delivery proofs, and affidavit. The court may not act before the Monday after the statutory ten-day service period expires.
Counsel and hearing rights
The court must appoint an attorney ad litem to represent the adult's interests, including expressed wishes. The adult may retain certified counsel instead. If another party challenges the adult's capacity to retain counsel, that party bears the burden at a separate hearing.
The adult must be present unless the court states on the record or in its order that personal appearance is unnecessary. The adult or counsel may request a closed hearing. A party in a contested guardianship case is entitled to a jury trial on request.
Medical evidence or court evaluator
The ordinary case requires a professional letter or certificate dated and based on an examination within 120 days before filing. The official compilation prints parallel current versions of § 1101.103: one authorizes a Texas physician or a qualified psychologist for a mental-condition case; another authorizes a physician or supervised advanced practice registered nurse. Both demand functional detail rather than diagnosis alone, including decision-making, daily life with and without supports, medication effects, prognosis, necessity, and whether powers should be limited. Section 1101.104 supplies a separate documentation route when intellectual disability is the alleged basis.
Court-investigator availability depends on the court and county structure. Where an investigator is appointed, filing triggers an alternatives investigation and a report; in a contested case, counsel receive the report on the statutory schedule.
Limits on the order
A full-authority order requires total incapacity findings and must identify the authority and rights affected. If the adult can perform some tasks with or without supports, the court may appoint a limited guardian. That order specifies the guardian's powers and limitations and the rights the adult retains both with and without supports.
Temporary guardianship remains a separate Chapter 1251 procedure. It requires immediate need supported by substantial evidence and probable cause, transfers only limited powers, leaves all untransferred rights with the adult, and creates no presumption of incapacity.
Statutes and sources
- Tex. Est. Code § 1002.017 and § 1002.0015 — adult incapacity, alternatives
to guardianship, and supports and services.
https://tcss.legis.texas.gov/resources/ES/htm/ES.1002.htm (accessed
2026-07-18) - Tex. Est. Code § 1022.001 and § 1023.001 — original probate jurisdiction
and adult venue. https://tcss.legis.texas.gov/resources/ES/htm/ES.1022.htm
and https://tcss.legis.texas.gov/resources/ES/htm/ES.1023.htm (accessed
2026-07-18) - Tex. Est. Code § 1101.001, § 1101.101, § 1101.102, § 1101.103, and
§ 1101.104 — sworn application, proof, recurring acts, and examiner
documentation. https://tcss.legis.texas.gov/resources/ES/htm/ES.1101.htm
(accessed 2026-07-18) - Tex. Est. Code §§ 1051.103-.104 and § 1051.106 — personal citation,
additional notice, proof of delivery, and the earliest action date.
https://tcss.legis.texas.gov/resources/ES/htm/ES.1051.htm (accessed
2026-07-18) - Tex. Est. Code §§ 1054.001, 1054.006 and §§ 1054.151, 1054.153, 1054.156 —
attorney ad litem, retained counsel, investigator availability, alternatives
inquiry, and report. https://tcss.legis.texas.gov/resources/ES/htm/ES.1054.v2.htm
(accessed 2026-07-18) - Tex. Est. Code § 1101.051 and § 1055.052 — attendance, closed hearing, and
jury on request in a contested case.
https://tcss.legis.texas.gov/resources/ES/htm/ES.1101.htm and
https://tcss.legis.texas.gov/resources/ES/htm/ES.1055.htm (accessed
2026-07-18) - Tex. Est. Code § 1101.151 and § 1101.152 — full and limited appointment
orders. https://tcss.legis.texas.gov/resources/ES/htm/ES.1101.htm (accessed
2026-07-18) - Tex. Est. Code §§ 1251.001-.002 — separate temporary-guardianship threshold,
retained rights, and no incapacity presumption.
https://tcss.legis.texas.gov/resources/ES/htm/ES.1251.htm (accessed
2026-07-18)
Source links
Every statute quoted above, linked, with the date we checked it.
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