Filing the Application: The first step is to file a formal Application for Guardianship with the court. This application is usually filed in the county where the proposed ward resides  – for example, if your elderly parent lives in Collin County, the application would be filed in Collin County’s court. The application provides information about the situation, including whether you are seeking guardianship of the person, the estate, or both, and why the guardianship is necessary. (If you are seeking a temporary guardianship, a separate application for emergency guardianship is filed, which must detail the immediate danger and the urgent need for a guardian.) Note: In Texas, an individual must have an attorney to file a guardianship application in most cases. In fact, Collin County currently requires that all incoming guardianship applications be filed by an attorney​. This is to ensure the legal procedures are properly followed and the ward’s rights are protected.
 

Notifying Interested Parties: Once the application is filed, the court will require that all “interested persons” be notified. This typically includes close relatives of the proposed ward (such as adult children or siblings in an adult ward’s case, or other family in a minor’s case). The proposed ward themselves must also be formally served with notice of the guardianship application. This notification process ensures everyone involved is aware of the proceedings and has a chance to object if they believe guardianship is not needed or the proposed guardian is not suitable.
 

Appointment of an Attorney Ad Litem or Guardian Ad Litem: Texas courts take the rights of the proposed ward very seriously. For adult guardianships, the court will appoint an attorney ad litem – a lawyer who represents the legal interests of the proposed ward during the case. The attorney ad litem’s job is to talk to the ward, review the evidence, and advocate to the court whether the guardianship is truly in the ward’s best interest. In the case of a minor guardianship, the court may appoint a guardian ad litem (which could be an attorney or qualified volunteer) to represent the child’s best interests, especially if there is any dispute or if no parent is involved. This step is a safeguard to ensure that the person who might lose their rights has someone speaking on their behalf.
 

Medical Evaluation (for Adult Wards): For an adult guardianship, Texas law requires a current medical evaluation of the proposed ward. A licensed physician must examine the individual and provide a written report or letter to the court describing the person’s medical condition and capacity to make decisions. This medical report is critical evidence; the court uses it to help determine if the legal standard for incapacity is met. Typically, the physician’s letter must conclude that the person is unable to manage their personal or financial affairs and state the basis (e.g. diagnosis of Alzheimer’s, severity of cognitive impairment). In guardianships of minors, a medical evaluation is not required to prove incapacity (since minors are legally incapacitated by definition), but if the minor has special needs or disabilities, medical or school records might be used to inform the court of the child’s circumstances.
 

Court Investigation: Some counties (including Collin County) have court investigators or guardianship coordinators who will review the application and possibly meet the parties. The court may also require the proposed guardian to undergo a background check. In Collin County, for example, if the proposed guardian lives out-of-state or if the ward’s estate is large (over $50,000), the court requires a fingerprint-based background check of the guardian​. Additionally, Texas law now mandates guardian training and registration: before a guardianship is approved, the proposed guardian must complete an online training course and register with the Judicial Branch Certification Commission (JBCC)​. (In fact, the court will not set a guardianship hearing until proof of this training and registration is provided​.) These steps ensure that the guardian understands their duties and that the court has vetted the guardian’s suitability.
 

The Guardianship Hearing: The court will schedule a hearing, during which the judge reviews all the evidence and hears any testimony necessary. If the case is uncontested (everyone agrees a certain person should be guardian), the hearing may be brief – often the applicant (proposed guardian) testifies as to why the guardianship is needed, and the attorney ad litem gives their opinion. In Collin County, uncomplicated guardianship hearings might even be held via Zoom or a similar platform for convenience, as long as all requirements are met (this was a practice adopted in many Texas courts in recent years). If someone objects to the guardianship or to the choice of guardian, the case becomes contested, and the judge may hear additional witnesses or even set the matter for a separate trial. The judge’s task is to decide two main issues: (a) Is the proposed ward incapacitated (by legal standards) and in need of a guardian? and (b) If so, is the proposed guardian the appropriate person to appoint? The burden is on the applicant to prove that the ward needs a guardian and that the applicant is qualified and acting in the ward’s best interest. The ward’s attorney ad litem will report whether they agree that guardianship is necessary or if some lesser alternative could suffice.
 

Court Order and Letters of Guardianship: If the judge is satisfied that guardianship is warranted, an order will be signed establishing the guardianship and naming the guardian. The guardian may be required to post a bond (a kind of insurance policy to protect the ward’s estate, usually required if the guardian will manage money). The guardian will also take an oath to faithfully discharge their duties. Once these formalities are complete, the clerk of the court will issue Letters of Guardianship to the guardian. These letters are an official document that the guardian can show to doctors, schools, banks, etc., as proof of their legal authority to act on the ward’s behalf.
 

After Appointment – Ongoing Oversight: After a guardianship is established, the court maintains oversight as noted in the responsibilities section. In Collin County, guardians must file an Annual Report on the condition of the ward (for guardians of the person) and/or an Annual Accounting (for guardians of the estate) every year ​. The guardian must also keep the JBCC registration current. Failure to fulfill these ongoing requirements can result in the guardian being summoned back to court, or even removal, so it’s important to stay diligent. Our firm often assists clients with preparing these annual reports to ensure they comply with the law