Texas Guardianship and Conservatorship
When an adult can no longer manage their own care or finances, a Texas court can appoint someone to decide for them. This guide explains the process, the alternatives to consider first, and the costs.
Based on Texas Estates Code, Title 3, Chapters 1001-1355 (Guardianship); Chapter 1357 (Supported Decision-Making)
What guardianship and conservatorship mean here
Texas guardianship law is found in Estates Code Title 3. Courts must use the least restrictive form of guardianship and consider alternatives before appointment. Texas was one of the first states to enact a supported decision-making law (Chapter 1357, effective 2015), which has become a national model.
Because guardianship removes legal rights, courts look first at the less-restrictive alternatives below.
Types of guardianship and conservatorship
Guardian of the Person
Manages daily care, medical decisions, and living arrangements for the ward.
Guardian of the Estate
Manages financial matters, property, and contracts for the ward.
Limited Guardianship
Court specifies the exact powers granted to the guardian, preserving the ward's rights in areas where they can function independently.
More guardianship types1 additional arrangement courts use in specific situations, with statute cites
Guardian of Both Person and Estate
Combined guardianship covering both personal and financial matters.
The Texas guardianship court process
1Step 1File an application with the county court or statutory probate court
2Step 2Serve citation on the proposed ward and interested parties
3Step 3Court-appointed attorney represents the proposed ward (mandatory)
4Step 4Court investigator interviews the proposed ward, applicant, and other relevant people
5Step 5Hearing where the applicant must prove incapacity by clear and convincing evidence
6Step 6Court order specifying the type and scope of guardianship
7Step 7Bond required for guardians of the estate
8Step 8Ongoing reporting including annual accounts and reports
How long it takes
- Emergency temporary
- Days to weeks
- Standard proceeding
- 2 to 6 months
- Contested proceeding
- 6 to 12+ months
- Sdm agreement
- Can be completed in days
Alternatives to consider before guardianship
Supported Decision-Making Agreement
A voluntary agreement between an adult with a disability and one or more supporters. The adult retains full legal capacity. The supporter helps the adult make decisions but does not make decisions for them. Texas enacted this law in 2015 as one of the first states.
Estates Code Chapter 1357
Durable Power of Attorney
Covers financial and legal decisions. No court involvement required.
Estates Code Chapters 751-752
Medical Power of Attorney
Covers healthcare decisions. The principal chooses their own agent.
Health and Safety Code Chapter 166, Subchapter D
Living Trust
Assets placed in trust are managed by the trustee without court involvement.
Representative Payee
Manages Social Security benefits on behalf of the beneficiary.
Special Needs Trust
Holds assets for a disabled person while preserving eligibility for government benefits.
Management Trust
A court-created trust for the ward's assets. Less restrictive than estate guardianship.
Estates Code Chapter 1301
Emergency guardianship and planning ahead
Emergency guardianship: A temporary guardianship may not remain in effect for more than 60 days (Tex. Est. Code 1251.151). If the application is contested, it may continue until the court rules on the contested case (Tex. Est. Code 1251.052). No fixed extension. A contested application keeps the temporary guardianship in place until the contest is decided; otherwise it ends at 60 days and a full guardianship must follow. Authority: Tex. Est. Code Ch. 1251 (temporary guardianships); 1251.151 (duration); 1251.052 (contested cases).
Naming a guardian in advance: Allows a person to designate in advance who should serve as their guardian, or their child's guardian, before the need arises. The court gives priority to the person named unless appointment would not be in the best interest of the child or proposed ward.
Frequently asked questions
What is guardianship in Texas?
What are the alternatives to guardianship in Texas?
How long does the Texas guardianship process take?
Do I need a lawyer to file for guardianship in Texas?
Statutes and sourcesOfficial references used for this page
- Texas Estates Code Title 3 - Guardianship and Related Procedures
- Texas Estates Code Chapter 1104 - Guardian Designation and Disqualification
- Texas Estates Code Chapter 1357 - Supported Decision-Making Agreement Act
- Texas Courts - Guardianship Resources
- Findings And Proof Required
- Designation Of Guardian For Declarant
- Guardian Designated By Will Or Written Declaration
- Selection Of Guardian By Minor
- Preference Of Incapacitated Person
- Supported Decision-Making Agreement Act
- General Provisions Regarding Durable Powers Of Attorney
- 166 - Advance Directives
- Management Trusts
- Purpose And Construction
- Temporary Guardianships
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Settled Estate is not a law firm and does not give legal advice.
Information current as of March 2, 2026
Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Texas can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.