How to Get Guardianship of a Parent with Dementia in Texas

Making the decision to seek guardianship over a parent with dementia is one of the toughest, most personal choices a family can face. It's a path that starts with a formal petition to a Texas probate court, backed by solid medical evidence from a doctor confirming your parent can no longer make safe decisions for themselves. We understand the emotional and financial challenges that come with this journey.

From there, the court steps in to determine if this profound legal step is truly necessary to protect your parent's health, safety, and finances. If you're standing at this crossroads, this guide will provide a clear, compassionate roadmap for what lies ahead, explaining Texas guardianship procedures in plain English.

Understanding the Need for Guardianship

Watching a parent's cognitive abilities decline is an incredibly emotional and worrying journey. You might start noticing small things, like unpaid bills piling up on the counter. Then, it escalates to missed doctor's appointments or a frightening vulnerability to phone scams. These are the moments that often lead to the heartbreaking realization that they can no longer manage their own affairs safely.

In Texas, guardianship is a formal legal process overseen by the courts, such as the Harris County Probate Court. It’s designed specifically to protect individuals who are legally determined to be incapacitated. This isn’t just about a medical diagnosis; it's about a person's real-world ability to make sound decisions for their own well-being.

When Guardianship Becomes a Necessary Conversation

The conversation around guardianship usually begins when a parent’s safety is clearly at risk. A major catalyst for many families is the challenge of ensuring proper medication management for elderly loved ones. Forgotten doses or taking the wrong pills can have devastating consequences, making it painfully clear that someone needs the legal authority to step in and help.

Other common triggers that force this difficult conversation include:

• Financial Instability: Perhaps your parent can no longer manage a budget, pay essential bills like their mortgage or utilities, or is falling prey to financial exploitation.
• Healthcare Decisions: They may no longer be able to understand or consent to necessary medical treatments, which puts their physical health in immediate danger.
• Personal Safety: They might be at risk in their own home due to wandering, neglecting personal hygiene, or being unable to handle basic needs like getting groceries.

Before you take the first step, it’s crucial to evaluate several key factors. This isn’t just about filling out forms; it’s about understanding the full scope of what guardianship entails and whether it’s the right—and only—option for your family.

Key Considerations Before Starting the Guardianship Process

Taking the time to address these points upfront will better prepare you for the legal journey and ensure you're making the most informed decision for your parent.

The difficult truth is that guardianship involves removing a parent's fundamental right to self-determination. For this reason, Texas law, specifically under Texas Estates Code, Title 3, Subtitle G, requires that it only be used as a last resort when no less restrictive alternatives are available.

This decision is becoming more common as our population ages. It's estimated that 7.2 million Americans aged 65 and older will be living with Alzheimer's dementia in 2025. This growing number underscores just how important it is to have clear, ethical guardianship procedures in place. The process is designed to be thorough, involving both a clinical assessment by doctors and a legal evaluation by judges to confirm incapacity.

At The Law Office of Bryan Fagan, we understand the immense weight of this decision. Our goal is to give your family the clarity and legal guidance you need to protect your parent with the dignity and care they deserve. If you are facing this challenge, schedule a free consultation to discuss your family’s unique situation with our compassionate legal team.

Establishing Incapacity Under Texas Law

The whole journey of seeking guardianship for a parent with dementia comes down to one critical legal concept: incapacity. It's a term with a very specific meaning under Texas law, and it’s important to understand that a medical diagnosis alone, even for something as serious as dementia, isn't enough to secure a guardianship.

To move forward, you have to prove to a Texas probate court that your parent is legally incapacitated. This means showing that a physical or mental condition leaves them substantially unable to provide for their own basic needs—like food, clothing, or shelter—or to responsibly manage their own finances.

The Cornerstone of Your Case: The Certificate of Medical Examination

The single most important piece of evidence you'll file is a document called the Certificate of Medical Examination (CME). This isn't just a doctor's note; it's a formal, state-required form.

Under Title 3, Subtitle G of the Texas Estates Code, a physician must complete this certificate, and you have to file it with your guardianship application. Critically, it can't be more than 120 days old when you file.

The CME is what connects your parent's medical diagnosis to their legal inability to care for themselves. The form requires the doctor to get very specific, detailing things like:

• The exact nature, degree, and severity of your parent's dementia.
• A professional opinion on whether your parent can make responsible decisions about where they live.
• The doctor's assessment of whether your parent can still manage their own money.
• A list of the physical and mental functions your parent can and cannot perform.

This document provides the judge with a clear, expert medical opinion that speaks directly to the legal standard for incapacity.

From Diagnosis to Evidence: A Practical Example

Let’s walk through a common scenario. Say your father lives by himself in Dallas County. You've noticed he’s forgetting to take his crucial heart medication. To make matters worse, he just gave a significant amount of money to a phone scammer who promised lottery winnings. His dementia diagnosis is a known fact, but these specific, recent events are the evidence of his incapacity.

Your next move is to get him an appointment with his doctor or neurologist. In that meeting, you'll share these concrete examples of his struggles. The physician can then use that information to accurately complete the Certificate of Medical Examination, directly linking his cognitive decline to his inability to make safe medical and financial choices. This completed CME becomes the bedrock of your petition to the Dallas County Probate Court.

A doctor’s note just won’t cut it. The court requires this specific, state-approved form that clearly lays out how dementia is impacting your parent's daily life and decision-making abilities.

Gathering Supporting Documentation

While the CME is the star of the show, other evidence will absolutely strengthen your case. It’s smart to start gathering any documents that help paint a full picture for the judge.

You can get a deeper understanding of what it takes to meet the state’s legal standard by reading our detailed guide on proving incapacity in Texas courts.

Other powerful forms of evidence include:

• Financial Records: Bank statements that show odd withdrawals, stacks of unpaid bills, or clear signs of financial exploitation.
• Medical Records: Notes from specialists or summaries from hospital visits that document cognitive decline or safety-related incidents.
• Personal Testimony: Written statements from other family members, close friends, or caregivers who have witnessed your parent’s difficulties firsthand.

Pulling all this together helps the judge see the full scope of the situation. It shows that you aren't jumping the gun, but rather taking a necessary step to protect your parent from real harm. The legal process is designed to be thorough to protect your parent’s rights, and providing clear, compelling proof is the most vital part of that process.

Navigating the Texas Guardianship Application

Once your family has made the tough call to move forward, the next step is to formally petition the court. Filing for guardianship of a parent with dementia means submitting a detailed application to the right Texas probate court, like the Harris County Probate Court or the Bexar County Probate Courts. Think of this application as the official start of the legal process—it needs to be handled with care.

This document is your formal request to the judge, and it lays out all the critical information. You'll need to provide details about yourself (the applicant), your parent (the "proposed ward"), and make a clear, compelling case for why guardianship is necessary. It’s far more than just paperwork; it’s the story you are presenting to the court.

Defining the Guardian's Role and Powers

A crucial piece of the application is spelling out the exact powers you’re asking for. Texas law has two main types of guardianship, and you can request one or both, depending on what your parent actually needs.

• Guardian of the Person: This role gives you the authority to make decisions about your parent's personal and medical care. That includes everything from choosing where they live to consenting to medical treatments and making sure their day-to-day needs are met.
• Guardian of the Estate: This puts you in charge of your parent's financial world. You'd be responsible for managing their income, paying bills, protecting their assets, and making financial decisions on their behalf.

It's absolutely vital to be specific about your parent’s limitations. Texas courts are legally bound to impose the least restrictive arrangement possible. The goal is to protect your parent while letting them keep as much independence as they can safely handle.

The court isn't trying to take away your parent's rights. Its purpose is to provide protection where it is truly needed. Your application should show that you understand this and have carefully thought about exactly what help your parent requires.

This is particularly important when you think about the financial side of things. The economic reality of dementia care is staggering. In the US, health and long-term care costs for people with dementia are projected to hit $384 billion in 2025. These numbers underscore why a Guardian of the Estate is often essential for managing assets and accessing the resources needed for proper care. You can learn more about the financial impact of dementia from the Alzheimer's Association.

Proving that your parent can no longer manage on their own involves a clear process of observing, documenting, and then presenting that evidence to the court.

This simple flow highlights that a successful guardianship case isn’t about one single event. It’s about building a strong, evidence-based argument through a series of careful steps.

The Role of the Attorney Ad Litem

Shortly after you file the application, the court will appoint a neutral third party known as an attorney ad litem. This is an independent lawyer whose only job is to represent your parent's best interests, as required by the Texas Estates Code. The ad litem doesn’t work for you or for the court; they are your parent’s dedicated advocate.

The attorney ad litem will conduct their own thorough investigation, which usually involves a few key steps:

• Meeting privately with your parent to explain what’s happening and to understand their wishes.
• Interviewing you, other family members, and any caregivers.
• Reviewing the doctor's report (the Certificate of Medical Examination) and other medical records.
• Looking into your background to determine if you’re a suitable choice for guardian.

Once the investigation is complete, the ad litem files a formal report with the judge. This report includes their findings and a professional recommendation on whether guardianship is needed and if you’re the right person for the job. Being open, cooperative, and honest with the ad litem is absolutely crucial. Their report carries a lot of weight and can significantly influence the judge's final decision.

Handling Family Disputes and Urgent Situations

Even in the most loving families, seeking guardianship for a parent with dementia can get messy. Emotions are running high, and it’s not uncommon for family members to have very different ideas about what’s best. Two of the biggest hurdles families face are disagreements between siblings and sudden emergencies that demand immediate action.

When siblings can’t see eye-to-eye, the entire process can grind to a halt. One child might see the urgent need for guardianship, while another feels it’s a drastic step that strips their parent of their freedom. These conflicts often bubble up from different interpretations of a parent's decline or, frankly, from old family tensions.

Then there are the crises that force your hand. Picture this: your mother, who lives alone in Fort Bend County, takes a bad fall and ends up in the hospital. Her dementia is so advanced she can't understand or consent to a critical surgery. Without legal authority, your hands are tied, and you can't approve the medical care she desperately needs.

When Siblings Disagree on Guardianship

Disagreements among siblings are one of the most heartbreaking parts of this journey. A brother or sister might fight the need for guardianship entirely, or they might object to you being the one in charge. When this happens, what should be a straightforward court process can spiral into a bitter and costly legal fight.

The court’s one and only priority, as laid out in the Texas Estates Code, is the best interest of your parent (the proposed ward). If siblings are at odds, the judge will take a hard look at everyone involved. They’ll assess each person’s relationship with the parent, their true motivations, and whether they have what it takes to be a responsible fiduciary.

To work through these disputes, try taking a practical approach:

• Have a Real Conversation: Sit down for a calm, organized family meeting. Don't lead with emotions. Instead, share the specific things you've observed and the medical evidence that has you concerned.
• Bring in a Mediator: A neutral third-party mediator can be a lifesaver. They can help your family find some common ground and hopefully reach an agreement without a full-blown courtroom battle, which saves a ton of money, time, and heartache.
• Stick to the Facts: Keep the conversation focused on the doctor’s reports and concrete evidence, like a stack of unpaid bills or documented unsafe incidents. This isn't the time to rehash old family drama.

If you just can't find a way forward, the court may step in and appoint a neutral third party, like a professional guardian, just to keep the family conflict from doing more harm.

The Need for Emergency or Temporary Guardianship

Sometimes, you just don't have time to wait. The full guardianship process can easily take a month or more, but a sudden crisis might mean you need legal authority right now to protect your parent from immediate harm. This is exactly what a Temporary Guardianship is for.

For example, let's say your father in Tarrant County is suddenly being scammed by a financial predator who is actively draining his life savings. You have to move fast. A temporary guardianship can give you the power to freeze his accounts and shield his assets while the permanent guardianship case moves forward.

A Temporary Guardianship is a short-term fix designed for a crisis. To get one, the Texas Estates Code requires you to prove there is "imminent danger" to your parent's physical health or their financial estate.

The bar for getting an emergency order is much higher than for a standard guardianship. You have to show the court substantial, compelling evidence that your parent is facing immediate and irreversible harm if you don't intervene. These orders are granted for a short window, usually up to 60 days, acting as a crucial bridge until a full hearing for permanent guardianship can be held.

Knowing the specific requirements for this fast-tracked process is vital. You can find out more in our detailed guide on emergency guardianship in Texas and how to apply. Whether you're navigating family tension or a sudden crisis, having an experienced legal guide in your corner is invaluable. Contact The Law Office of Bryan Fagan for a free consultation to talk through your family’s unique situation and figure out the best path forward.

Powerful Alternatives to Guardianship

Before any Texas court will even consider guardianship, it has one critical question: are there any other, less restrictive ways to protect your parent? The law is very clear on this. Guardianship is viewed as the absolute last resort because it involves removing a person's fundamental rights to make their own choices.

That's why proactive planning is so powerful. Having these tough conversations early and putting the right legal tools in place can often provide all the protection your parent needs without ever stepping foot in a courtroom. If valid documents are already signed, you can frequently sidestep the need for guardianship entirely, preserving your parent’s dignity and independence.

Proactive Legal Planning Tools

The most effective alternatives are simple Estate Planning documents your parent signs while they still have the capacity to do so. These tools allow them to choose who they trust to act on their behalf, rather than leaving that decision up to a judge later on.

The key documents every family should consider are:

• Durable Power of Attorney: This is for financial matters. It lets your parent name a trusted "agent" to manage their finances—pay bills, handle bank accounts, deal with property—if they become unable to. The "durable" part is crucial; it means the document stays in effect even after your parent becomes incapacitated.

• Medical Power of Attorney: This empowers a person your parent trusts to make healthcare decisions for them when they can no longer communicate their own wishes. This is invaluable for things like consenting to medical treatments or choosing a care facility.

• Directive to Physicians (Living Will): This document specifically outlines your parent's wishes for end-of-life medical care, like the use of life support. When it comes to medical decisions, understanding living wills and advance directives is essential for ensuring their wishes are honored.

To help you see the differences more clearly, here's a quick comparison of how these tools stack up against a court-ordered guardianship.

Guardianship vs Less Restrictive Alternatives

As you can see, the proactive options give your parent more control, save time and money, and keep your family's affairs private.

Embracing Supported Decision-Making

Another fantastic alternative is a Supported Decision-Making Agreement. This is a formal tool recognized in Texas where your parent appoints trusted advisors—like you, a sibling, or a close friend—to help them process information, weigh their options, and communicate their own decisions.

This approach is about assistance, not substitution. It empowers your parent to remain the primary decision-maker, with a support system helping them navigate complex choices. It's a way to preserve their independence for as long as possible.

This model reflects a global shift in thinking. As dementia rates continue to climb—the World Health Organization reported 57 million cases in 2021—legal frameworks are moving toward models that support a person's autonomy. They recognize that even with progressing dementia, a person can often still make choices about many areas of their life with the right support.

Exploring these options isn't just a good idea; it's a legal requirement and the most compassionate first step. Our firm can help you review the full range of alternatives to guardianship and less restrictive options. If you're unsure which path is right for your family, scheduling a free consultation can give you the clarity needed to protect your parent while honoring their wishes.

Your Duties and Responsibilities as a Guardian

When a Texas court officially appoints you as guardian, it's more than just a piece of paper. It's a profound legal commitment and, for most, a true act of love. The moment the judge signs that order, your role fundamentally changes. You're no longer just a son or daughter; you become a fiduciary—a person legally and ethically bound to act solely in your parent's best interest.

This is a responsibility the courts take incredibly seriously.

Your specific tasks will hinge on whether you’ve been appointed Guardian of the Person, Guardian of the Estate, or, as is often the case, both. Each role comes with a clear set of court-mandated obligations designed to protect your parent, who is now legally referred to as the "Ward." Getting a firm grasp on these responsibilities is the first step to fulfilling your role correctly and staying on the right side of the law.

Guardian of the Person Responsibilities

As Guardian of the Person, your world revolves around your parent's physical and emotional well-being. You are now the primary decision-maker for all their personal and medical needs.

This means you'll be handling things like:

• Making Healthcare Decisions: This is a big one. You'll be the one consenting to medical treatments, choosing doctors, and making sure your parent gets the right care for their dementia.
• Deciding Living Arrangements: You have the final say on where your parent lives. That could be at home with caregivers, in an assisted living community, or in a skilled nursing facility if their needs become more advanced.
• Ensuring Daily Needs are Met: This involves overseeing everything from their nutrition and personal hygiene to their social activities, all with the goal of maintaining the highest possible quality of life.

Guardian of the Estate Responsibilities

If the court also names you Guardian of the Estate, you take on the crucial job of managing your parent's entire financial world. This role demands meticulous organization, complete transparency, and a lot of paperwork.

Your key financial duties will involve:

• Securing and Managing Assets: You need to take control of all bank accounts, investments, real estate, and other property to protect them from neglect or, worse, exploitation.
• Paying Bills and Managing Income: You'll handle all incoming money, like Social Security or a pension, and use it to pay all of your parent’s legitimate expenses—from the mortgage to the grocery bill.
• Filing an Inventory: This is a critical first step. Within 60 days of your appointment, you must file a detailed inventory of every single asset your parent owns with the court.

Under the Texas Estates Code, a guardian has a fiduciary duty to the ward. This means every decision, whether medical or financial, must be made with the sole intention of benefiting your parent. Mismanaging funds or acting in your own self-interest can lead to severe legal consequences, including termination of the guardianship.

Court-Mandated Compliance and Reporting

The court's job isn't over once the hearing ends. To ensure you're doing everything by the book, Texas law requires continuous oversight.

Posting a Surety Bond: If you're managing an estate, the court will almost certainly require you to purchase a surety bond. Think of it as an insurance policy that protects your parent's assets from any potential mismanagement on your part. The judge sets the bond amount based on the total value of the estate.

Annual Reporting: Every year, you have to check in with the court by submitting detailed reports.

• The Annual Report on the Condition and Well-Being of the Ward is your update to the judge on your parent's health, living situation, and general condition.
• The Annual Account is a detailed financial report. It must show every single dollar that came into and went out of your parent’s estate over the past 12 months.

We know—navigating these duties can feel like a monumental task, but you don't have to do it alone. Our team at The Law Office of Bryan Fagan can provide the guidance you need to manage these responsibilities with confidence and care. For personalized advice on fulfilling your duties, schedule a free consultation today.

Answering Your Top Questions About Texas Guardianship

When you're starting down the path of guardianship for a parent with dementia, it's completely normal for your head to be spinning with questions. Let's tackle some of the most common concerns we hear from families just like yours.

How Much Does It Cost to Get Guardianship in Texas?

This is usually the first question on everyone's mind, and the honest answer is: it varies. The final cost really depends on your specific county and how complicated your family's situation is.

You’ll have some standard expenses like court filing fees and the fee for the attorney ad litem the court appoints for your parent. Then, of course, there are your own attorney's fees. If everyone is on the same page and the guardianship is uncontested, you might be looking at a few thousand dollars in a smaller county. However, if other family members object and the situation turns into a legal dispute, the costs can climb significantly higher.

What if My Parent Refuses to See a Doctor?

This is a tough spot to be in, and it happens more often than you'd think. The Texas Estates Code is very clear: a Certificate of Medical Examination is a required, non-negotiable part of the application.

So, what do you do if your parent is digging in their heels? Your attorney can step in and petition the court to order an examination. A judge, for example in the Travis County Probate Court, will look at the evidence you've presented. If they agree there’s probable cause to believe your parent is incapacitated, they have the authority to compel the medical assessment.

Is Guardianship Necessary if My Parent Has No Money?

Yes, it absolutely can be. Guardianship isn't just about managing a large estate. Even if your parent has few or no financial assets, a 'Guardian of the Person' is critical.

This is the legal authority you need to make crucial decisions about their medical treatments, where they live, and how to keep them safe day-to-day. The court process is largely the same, but in these cases, financial hurdles like posting a bond or filing detailed annual accountings are often waived, simplifying things quite a bit.

How Long Does the Guardianship Process Take?

The timeline really hinges on one key factor: whether or not the case is contested.

For a straightforward, uncontested guardianship where everyone is in agreement, you can often have everything finalized within one to two months after filing the application. But if there are disagreements among family members or other legal issues pop up, the process will take longer. It could stretch out for several months as the court takes the necessary time to hear all sides and resolve every issue properly.

Understanding the steps to get guardianship of a parent with dementia is the first move toward giving them the protection they need. At the Law Office of Bryan Fagan, PLLC, our experienced attorneys are here to offer the compassionate, knowledgeable guidance your family deserves.

Let's talk about your specific situation. Schedule a free, no-obligation consultation with our team to get started.