In Texas, guardianship is only grant when an adult, because of physical or mental condition is substantially unable to provide food, clothing, or shelter for himself or herself, care for the person’s own physical health or manage the person’s own financial affairs. Guardianship may also be granted because the person is a minor in certain situations.
Ultimately, the Court will determine whether or not someone is incapacitated. However, in each case a health care provider is required to fill out a Certificate of Medical Examination, also known as a CME.
No. The person may have executed documents before they were incapacitated that will protect them medically and financially. One example of these documents are Powers of Attorney.
No, guardianship is a last resort. The Court is required to make sure that all alternatives to guardianship and all available supports and services have been considered. Only when the Court determines that there are no alternatives or supports and services that are feasible will a guardianship be granted.
Yes, an attorney is required to file an Application for Guardianship.
If you would like to apply to become the person’s guardian, you should hire an attorney to assist you. You may be entitled have your attorney fees reimbursed. If you have any questions, please contact the Guardianship Office for County Court at Law No. 1 at (979) 361-4158.
If you do not want to become the person’s guardian or if you are a law enforcement officer, social worker, etc., again, please contact the Guardianship Office for County Court at Law No. 1 at (979) 361-4158.
You can contact the Guardianship Office for the appropriate court at :
- County Court at Law No. 1: (979) 361-4158
- County Court at Law No. 2: (979) 361-4262
Neither the Guardianship Office nor the Courts can give you legal advice.
Attorneys must be certified to be involved in a guardianship case. You can find a
certified attorney on the Texas Bar Association website.
Contact your local law enforcement agency and Texas Department of Family and Protective Services.
Texas Abuse Hotline
To report abuse, neglect, or exploitation of children, the elderly, or people with disabilities call 1-800-252-5400 or report online.
The Texas Abuse Hotline is available to call toll-free 24 hours a day, 7 days a week, nationwide. If you make a report with the Hotline’s secure website you will get a response within 24 hours.
Emergency Situations – Dial 9-1-1
Call your local law enforcement agency or 9-1-1 immediately if you have an emergency or life-threatening situation.