If you want to begin the process of appointing or being appointed a guardian in Texas, follow these steps:
Consultation: You can start by consulting with an attorney experienced in guardianship matters to understand the legal requirements and process.
Application: You should file an application for guardianship with the appropriate probate court in the county where the proposed ward resides.
Medical or Psychological Evaluation: The potential ward usually undergoes a medical or psychological evaluation to determine the extent of their incapacitation.
Attorney Ad Litem: The court will appoint an attorney ad litem, an independent attorney, to represent the best interests of the proposed ward during the proceedings.
Hearing: A court hearing will be scheduled where evidence will be presented regarding the need for the guardianship. If the court finds that the individual is incapacitated and that a guardianship is necessary, it will appoint a guardian.
Oath and Bond: The appointed guardian may be required to take an oath and post a bond, ensuring they will faithfully execute their duties.
Letters of Guardianship: Once appointed, the guardian receives “Letters of Guardianship,” an official document confirming their authority.