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Ever tried calling your adult child’s doctor after they turn 18, only to be told, “Sorry, we can’t share that information without their consent”? It’s a moment many Texas parents don’t see coming—one day you’re handling everything from appointments to school paperwork, and the next, you’re legally sidelined. Obtaining guardianship of an adult child in Texas is the legal step that puts you back in a position to support your child when they can’t manage life’s responsibilities on their own.
In this blog, we’ll break down exactly how guardianship works in Texas, when it’s necessary, and what the process looks like—from court petitions and medical certifications to the emotional realities families often face. Whether your child has a developmental disability, mental health challenges, or another condition that impacts decision-making, this guide will help you understand your options and take confident next steps.
You’ll also learn about limited versus full guardianship, court-appointed advocates, alternatives to guardianship, and what happens if family members disagree. At The Law Office of Bryan Fagan, PLLC, we’re here to educate, empower, and stand beside you every step of the way. Keep reading to discover how legal guardianship can protect your child’s future—and give you the peace of mind you deserve.
Key Takeaways
- Legal guardianship in Texas grants decision-making authority for incapacitated adults, ensuring their personal and financial well-being.
- There are two primary types of guardianship: guardianship of the person, focused on health and living conditions, and guardianship of the estate, which manages financial affairs.
- The guardianship process involves filing a petition, obtaining medical certifications, and attending court hearings to ensure the best interests of the ward are protected.
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Understanding Legal Guardianship
LObtaining guardianship of an adult child in Texas is a serious step that grants legal authority to make decisions for an adult who cannot manage essential aspects of life on their own. These responsibilities can include handling money, making medical choices, determining living arrangements, and even managing rights like voting or marriage. Under Texas Family Code § 1002.017, an adult may be deemed “incapacitated” if they are substantially unable to care for their personal or financial needs due to a mental or physical condition.
In such cases, a guardian is appointed to act in the adult’s best interests. However, guardianship is not meant to strip a person of all autonomy. Courts—and families—are encouraged to consider the least restrictive option, especially when some capacity for independent decision-making remains. The guardian’s role is to support, not control, and decisions should be made in consultation with medical providers and aligned with the ward’s preferences when possible.
As our legal team often explains, the process of obtaining guardianship involves filing a petition with the probate court, securing a physician’s certificate of medical evaluation, and attending a court hearing. Once appointed, guardians are expected to provide regular updates, including annual reports and accountings, in accordance with Texas Family Code Chapter 1163. This level of oversight ensures the ward’s well-being is continuously protected under the law.
We understand that many families are concerned about the financial commitment involved. From court fees to medical assessments and attorney costs, the expenses can add up. Our detailed guide on the costs associated with guardianship in Texas can help you understand what to expect and plan accordingly.
Whether you’re exploring full guardianship or considering alternatives like powers of attorney or supported decision-making, the attorneys at The Law Office of Bryan Fagan are here to help. We bring both legal knowledge and compassionate guidance to every case, empowering families to protect their loved ones and navigate Texas guardianship law with clarity and confidence.
Types of Guardianship in Texas
When obtaining guardianship of an adult child in Texas, families must decide whether to pursue guardianship of the person, guardianship of the estate, or both. These two forms of guardianship serve different purposes under the Texas Estates Code. Guardianship of the person, defined in § 1002.012, allows the guardian to make decisions related to the adult’s medical care, living situation, and overall well-being. Guardianship of the estate, under § 1002.013, grants authority to manage the adult’s finances, including paying bills, protecting assets, and handling property matters.
In some cases, the same individual may serve as both guardian of the person and of the estate, if appropriate and approved by the court. However, Texas law also allows for these roles to be split between different people. This flexibility ensures that the most capable and trusted individuals are appointed based on the specific needs of the ward. The court’s primary concern is always the best interest of the person under guardianship, with decisions made accordingly.
Texas also recognizes that guardianship should not unnecessarily strip a person of autonomy. Under Texas Estates Code § 1001.001, courts are directed to use the least restrictive means of support. That’s why, in some cases, a limited guardianship may be more appropriate—granting the guardian authority only in specific areas where the adult child lacks capacity, while allowing the adult to retain decision-making rights in others.
For a deeper dive into the legal differences between adult and minor guardianships, visit How Texas Guardianship Laws Differ for Minors and Adults. And if you’re exploring less restrictive options, you may also find our post on Alternatives to Guardianship in Texas helpful. The attorneys at The Law Office of Bryan Fagan, PLLC are here to walk you through your options with clarity and care, ensuring that your loved one receives the support they need without sacrificing independence.
Eligibility Requirements for Guardianship
Becoming a guardian in Texas requires meeting specific eligibility requirements. Firstly, the individual seeking guardianship must be at least 18 years old and a resident of Texas. This ensures that the guardian is legally an adult and available to fulfill their responsibilities within the state.
A legal guardian can be a relative, a close family member, or anyone deemed fit by the court. However, certain disqualifications exist. For instance, a person with a history of crimes of moral turpitude or crimes against a person is disqualified from being a guardian. This is to ensure the safety and well-being of the ward.
The court will issue letters of guardianship once the proposed guardian meets the necessary qualifications. This formal document grants the guardian the legal authority to act on behalf of the ward. Individuals who might need a guardian include aging parents with memory loss and adult children with disabilities, highlighting the diverse needs that granted guardianship aims to address. Understanding guardianship law is essential for navigating these situations.
Steps in the Guardianship Process
The process of obtaining guardianship of an adult child in Texas begins by filing a formal application with the probate court in the county where the adult resides. This application must be accompanied by a physician’s certificate confirming the adult’s incapacity, as required under Texas Estates Code § 1101.103. The court uses this evidence to determine whether the proposed ward is incapable of managing their personal or financial affairs. The person seeking guardianship must also pass a background check and, in some cases, secure a bond to serve as a safeguard against potential misuse of authority.
Once the petition is filed, the court appoints an attorney ad litem to represent the proposed ward’s rights throughout the proceedings. The court may also assign a guardian ad litem to provide a recommendation on what is in the ward’s best interest. A court hearing will follow, during which a judge evaluates the medical evidence, hears from relevant parties, and determines whether guardianship is necessary—and if so, whether it should be full or limited based on the adult child’s specific needs. This step-by-step process ensures that the individual’s rights are respected and that guardianship is only granted when truly needed.
For families navigating more unique circumstances—such as guardianship for adopted adult children—there are additional considerations worth exploring. We recommend reviewing this guide on guardianship for adopted adult children to understand how the law applies in these cases. And if you’re preparing for a court appearance, our blog on how to prepare for a Texas guardianship hearing offers practical, step-by-step advice. As our family law team often advises, navigating the guardianship process requires both legal precision and compassionate guidance—two values we’re proud to bring to every case.
Filing a Guardianship Petition
To initiate the guardianship process, one must follow these steps:
- File a petition with the probate court where the ward resides. This petition outlines why guardianship is necessary and who is proposed to be the guardian.
- Gather all required documentation.
- Prepare for the legal procedures ahead.
The Law Office of Bryan Fagan, PLLC offers a complimentary initial consultation to discuss guardianship options and guide families through this critical first step, including the role of an attorney ad litem.
During this phase, it is crucial to have a guardianship lawyer to navigate the complexities of the legal system. The attorney assists in ensuring that the petition is comprehensive and meets all legal requirements. This step lays the foundation for the guardianship process, setting the stage for medical certifications and court hearings.
Medical Certifications and Assessments
A physician’s certificate is essential in the guardianship process to validate a ward’s incapacity. The medical examination must be performed by a licensed doctor who has assessed the individual within the last 120 days. This certification provides the court with a professional evaluation of the ward’s condition, which is critical for establishing the need for guardianship.
The hearing will include testimony from the physician who conducted the medical examination to establish the ward’s condition. This step ensures that the court finds all the necessary information to make an informed decision. Proper documentation and medical treatment assessments are vital in demonstrating the ward’s need for a guardian and medical power during the court hearing.
Court Hearings and Procedures
The appointment of a guardian is overseen by a probate court that ensures the guardian acts in the best interest of the ward. For a Texas court to grant guardianship, it requires a medical examination, notice to interested parties, and a formal application. The court considers various factors, including the best interests of the person, when granting guardianship in Texas courts.
Each guardian’s responsibilities may be specified further in the county court order establishing the guardianship. These courts hearings and procedures are designed to protect the rights of the ward and ensure that the appointed guardian is suitable for the role. Having legal counsel during this court process can provide valuable guidance and support.
Responsibilities of a Guardian
When obtaining guardianship of an adult child in Texas, the responsibilities granted by the court carry significant legal and ethical weight. Guardians are entrusted with managing the ward’s personal, medical, and financial matters, all in accordance with Texas Estates Code § 1151.051. This can include decisions about healthcare, living arrangements, education, and the use of financial assets. Above all, guardians must act in the ward’s best interest and ensure that their needs are met with compassion, respect, and diligence.
Texas law also emphasizes the importance of preserving as much independence as possible for the person under guardianship. As outlined in Texas Estates Code § 1163.001, guardians are required to submit annual reports to the court detailing the ward’s condition and the actions taken on their behalf. This reporting process provides oversight and transparency, holding guardians accountable while reinforcing the protective intent of the guardianship system. Whether managing medical treatment plans or financial accounts, guardians must consider the ward’s preferences and involve them in decision-making whenever appropriate.
For those preparing to take on this important role, it’s crucial to understand both the legal process and the long-term obligations involved. We recommend reviewing this detailed step-by-step guide to obtaining legal guardianship to better understand what to expect. You can also visit our blog on how guardianship works in Texas for more insight. As our legal team advises, being a guardian is about more than making decisions—it’s about protecting futures with care, consistency, and integrity.
Alternatives to Full Guardianship
When obtaining guardianship of an adult child in Texas, courts are guided by the principle of using the least restrictive means necessary to support an individual with diminished capacity. According to Texas Estates Code § 1001.001, full guardianship should only be pursued when less restrictive alternatives are inadequate to meet the individual’s needs. For many families, this means exploring options such as a durable power of attorney or a supported decision-making agreement before petitioning for formal guardianship.
A supported decision-making agreement, authorized under Texas Estates Code Chapter 1357, allows an adult with cognitive or intellectual disabilities to designate trusted individuals to assist them in making life decisions—without surrendering legal rights. This option empowers individuals to retain autonomy while still receiving structured support. Similarly, a medical power of attorney can enable someone to make healthcare decisions on behalf of the adult child without requiring court intervention.
In situations where guardianship is truly necessary but time-sensitive, Texas law also allows for temporary guardianship appointments under § 1251.003. These are limited to six months and typically used in emergency scenarios or transitional periods. Regardless of the path forward, families should seek legal counsel to determine which option best aligns with their loved one’s circumstances and long-term well-being. For a breakdown of the full guardianship process and when it applies, we recommend reviewing Unraveling the Legal Journey: Navigating the Process of Obtaining Guardianship and Its Key Requirements.
To further understand whether guardianship or an alternative is appropriate for your family, our blog on Texas guardianship and power of attorney differences offers clear comparisons. As the attorneys at our firm frequently explain, the goal isn’t just legal compliance—it’s making the most supportive, least intrusive choice for your loved one’s future.
Emotional and Legal Complexities
Navigating the guardianship process can be emotionally taxing as it often involves difficult decisions that can affect personal relationships among other family members and family members. Relatives may hesitate to become guardians due to concerns about potential disruptions in family dynamics and the responsibilities involved. Obtaining guardianship of individuals with mental illness is particularly challenging due to the need for more witnesses and extensive research.
The goal is to help clients navigate the legal landscape while focusing on the needs of their loved ones. Professional guardianship services can help alleviate the emotional burden on families by managing the legal responsibilities of caregiving. This compassionate approach provides peace of mind while ensuring the adult child receives proper care, support, and protection.
How The Law Office of Bryan Fagan, PLLC Can Help
Working with a skilled attorney during the guardianship process is essential to navigate the legal requirements. The experienced attorneys at The Law Office of Bryan Fagan, PLLC support families every step of the way, ensuring compliance with Texas law while preserving the dignity and best interests of the adult child. Having a guardianship attorney provides guidance through legal complexities, delivering peace of mind.
Professional guardianship services can help alleviate the emotional burden on families by managing the legal responsibilities of caregiving. This support allows families to focus on their loved ones while knowing that the legal aspects are being handled competently and compassionately.
Real-Life Examples and Testimonials
Real-life stories often shed the clearest light on what families face when obtaining guardianship of an adult child in Texas. Parents frequently describe the emotional weight of realizing their child can’t make critical life decisions independently—and the complex legal path that follows. From gathering medical documentation to attending court hearings, the process can feel overwhelming. Yet, families who’ve gone through it also speak of the relief that comes when a solid support system and experienced legal counsel are in place.
One client, for example, shared how the attorneys at our firm helped them navigate each step—from preparing a physician’s certificate under Texas Estates Code § 1101.103 to understanding financial responsibilities tied to managing the ward’s estate. Their story underscores just how critical professional guidance can be—not only to comply with the law but to ensure the process is handled with care, efficiency, and compassion. These firsthand experiences also remind us that guardianship is about more than paperwork; it’s about protecting a loved one’s dignity and future.
If you’re wondering what the financial side of guardianship looks like, we recommend reviewing The Cost of Establishing Guardianship in Texas: What to Expect, which breaks down typical fees, court costs, and other expenses. Additionally, you can explore our blog on how to prepare for your Texas custody suit, as similar preparation principles often apply in both custody and guardianship cases. At The Law Office of Bryan Fagan, our mission is to educate and empower families, making complex legal processes feel more manageable—and more human—every step of the way.
Key Takeaways: Adult Child Guardianship in Texas
Taking care of a child doesn’t stop when they turn 18—especially when they still need help navigating daily life, big decisions, and everything in between. If you’re here, it’s because you want to keep showing up for your child in the ways that matter most. And obtaining guardianship of an adult child in Texas is one of the most powerful ways to do that when legal adulthood doesn’t align with real-world capability.
The journey may feel overwhelming at times, but you’re not alone—and you don’t have to figure it out by yourself. Our team at The Law Office of Bryan Fagan, PLLC is here to guide you through every step, with compassion, clarity, and a deep understanding of what’s at stake for your family. Whether you’re ready to file or just starting to explore your options, talking to an experienced Texas family law attorney can make all the difference.
So if you’re feeling a little uncertain, take that as a sign you care deeply—and that you’re already doing right by your loved one. Let’s turn that care into action. Schedule your free consultation with us today, and let’s build a plan that protects your child’s future and brings you peace of mind.
Because while Texas law may have its forms and formalities, your family’s well-being? That’s always personal.
