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Detailed Answer

If you believe an adult relative lacks the capacity to care for themselves or a minor needs a managing conservator, Texas law provides two distinct procedures: guardianship for incapacitated adults and conservatorship for minors. Follow the steps below under the Texas Estates Code and Texas Family Code.

1. Guardianship for an Incapacitated Adult

1. Prepare and File the Petition. Complete and file the Application for Appointment of Guardian in the county court where the proposed ward resides. See Texas Estates Code §1102.001 (ES §1102.001).
2. Obtain a Physician’s Report. Within 90 days before filing, a qualified physician or psychologist must evaluate the proposed ward’s capacity and complete a Medical Certificate. See Texas Estates Code §1114.002 (ES §1114.002).
3. Provide Notice and Serve Interested Parties. Serve the proposed ward, close relatives, and any person designated by the ward at least ten days before the hearing. Publish notice in a local newspaper if required. See Texas Estates Code §1103.003 (ES §1103.003).
4. Attend the Court Hearing. The court will review the evidence, question the proposed ward, and determine if guardianship is necessary and the least restrictive alternative.
5. Submit a Guardianship Plan and Bond. Propose a plan for the ward’s care and asset management. You may need a surety bond unless the court waives it. See Texas Estates Code §1151.151 (ES §1151.151).
6. Receive Letters of Guardianship. If appointed, the court issues Letters of Guardianship authorizing you to act on the ward’s behalf.
7. File Annual Reports. You must report annually to the court on the ward’s condition and estate. See Texas Estates Code §1153.151 (ES §1153.151).

2. Conservatorship for a Minor (Managing Conservator)

1. File a Suit Affecting the Parent–Child Relationship (SAPCR). Prepare and file a petition in the district or county court alleging a managing conservatorship is in the child’s best interest. See Texas Family Code §153.131 (FC §153.131).
2. Serve Notice on Parents. Provide each parent or legal guardian with citation and a copy of the petition. Follow the Family Code’s service rules. See Texas Family Code §102.003 (FC §102.003).
3. Attend Mediation (if ordered). Many courts require mediation to resolve custody or conservatorship disputes before trial.
4. Present Evidence at the Hearing. Show that you are a suitable managing conservator and that the conservatorship supports the child’s physical, emotional, and educational needs.
5. Obtain the Court Order. If the court appoints you, it will issue an order specifying your rights and duties as a managing conservator.
6. Comply with Court Orders. Follow custody schedules, visitation orders, and any reporting requirements ordered by the court.

Helpful Hints

• Consult with a probate or family law attorney early to evaluate alternatives like powers of attorney or supported decision-making agreements.
• Gather medical records and personal assessments before filing.
• Prepare a clear, detailed care plan to help the court understand your proposal.
• Be mindful of filing deadlines, especially for annual guardianship reports.
• Keep a journal of decisions made on behalf of the ward or child; this helps with reporting and potential disputes.

Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for advice on your specific situation.