Guardianship and conservatorship in Texas: who, where, cost
How a court can name a guardian or conservator in Texas, what it costs and what to try first.
Checked against official sources: October 31, 2026.
Short answer
Guardian of the person, guardian of the estate (full or limited authority); temporary guardian.
- Court
- The county court, county court at law, or statutory probate court with probate jurisdiction in the proper county.
What guardianship or conservatorship is
- What it is called
Guardian of the person, guardian of the estate (full or limited authority); temporary guardian
- When a court may appoint one
An 'incapacitated person' is an adult who, because of a physical or mental condition, is substantially unable to provide food, clothing or shelter for themselves, care for their own physical health, or manage their own financial affairs. Before appointing a guardian, the court must find by clear and convincing evidence that the person is incapacitated, that guardianship is in their best interest, and that alternatives to guardianship and available supports and services were considered and are not feasible.
Law: Est. Code 1002.017; Est. Code 1101.101
- Kinds
- Guardian of the person
- Guardian of the estate
- Full authority (person totally without capacity)
- Limited authority (person can do some but not all tasks)
- Temporary guardian
Law: Tex. Est. Code §§ 1002.017, 1101.001, 1101.101, 1101.151, 1101.152, 1054.201
Who can ask, which court and your own choice
- Who may ask
Any person may file a sworn application for appointment of a guardian. TexasLawHelp says you must hire a lawyer to apply to be a guardian, because only a licensed attorney may represent another person's interests, and lawyers in guardianship cases must be certified in guardianship law.
- Court
The county court, county court at law, or statutory probate court with probate jurisdiction in the proper county.
- Choosing your own
While you have capacity, you can sign a Declaration of Guardian naming who should (and should not) be your guardian. It must be written entirely in your handwriting, or signed before two witnesses who are at least 14 and not named as guardian; if it does not disqualify anyone, it may instead be acknowledged before a notary. The court must appoint your choice unless that person is disqualified or would not serve your best interests, and may never appoint someone you disqualified.
Law: Est. Code 1104.202, 1104.203, 1104.204
- Effect on a power of attorney
When a permanent guardian of your estate qualifies, your agent's powers under a durable power of attorney are automatically revoked unless the court orders them only suspended; a temporary guardian of the estate suspends them unless the court confirms the power of attorney. The agent must turn over your assets and account to the guardian. For a medical power of attorney, the probate court decides whether to suspend or revoke the agent's authority.
Law: Est. Code 751.133; Health & Safety Code 166.156
Cost, fee waiver and forms
- Fee waiver
Statement of Inability to Afford Payment of Court Costs or an Appeal Bond. Health and Safety Code 166.039(g) lets the court waive fees when a family member challenges a life-sustaining treatment decision through temporary guardianship.
Source: Texas Supreme Court form
- Forms
- Steps
Other options and where to report abuse
- Supported decision-making
Supported decision-making agreement
Effective September 1, 2015
An adult with a disability can choose a supporter to help them get and understand information and communicate their own decisions. The supporter cannot make decisions for them. Supported decision-making is listed in Texas law as an alternative the court must consider before guardianship.
Signed voluntarily by the adult with a disability and the supporter in front of two or more witnesses who are at least 14 years old, or a notary public. It must be in substantially the statutory form.
Source: Official text
- Less restrictive options
- Medical power of attorney: Names an agent to make health care decisions if you cannot.
- Durable power of attorney: Names an agent for money and property.
- Declaration for mental health treatment: Records your mental health treatment choices in advance.
- Representative payee: Someone manages public benefits such as Social Security.
- Joint bank account: A trusted person can help with banking.
- Management trust or special needs trust: Property is managed in a trust for the person.
- Declaration of guardian before the need arises: You choose in advance who would be your guardian.
- Supported decision-making and person-centered planning: Trusted people help the person make their own decisions.
- Report abuse or exploitation
Texas Abuse Hotline (Department of Family and Protective Services, Adult Protective Services) · 1-800-252-5400
Call or text the Eldercare Locator to find your local adult protective services: 1-800-677-1116 · eldercare.acl.gov
Law: Tex. Est. Code §§ 1357.051, 1357.052, 1357.055, 1357.056
Free help in Texas
- TexasLawHelp.org (Texas Legal Services Center) - legal help directory
- Texas HHS Forms: Advance Directives (medical power of attorney, directive to physicians, mental health declaration, statutory durable power of attorney, out-of-hospital DNR)
- TexasLawHelp.org: Guardianship
- TexasLawHelp.org: Alternatives to guardianship (supported decision-making)
- TexasLawHelp.org: Advance directives
Report abuse or exploitation
Texas Abuse Hotline (Department of Family and Protective Services, Adult Protective Services) · 1-800-252-5400
Questions about powers of attorney in Texas
How does guardianship or conservatorship work in Texas?
An 'incapacitated person' is an adult who, because of a physical or mental condition, is substantially unable to provide food, clothing or shelter for themselves, care for their own physical health, or manage their own financial affairs.
What are the alternatives to guardianship in Texas?
Medical power of attorney; Durable power of attorney; Declaration for mental health treatment; Representative payee; Joint bank account; Management trust or special needs trust; Declaration of guardian before the need arises; Supported decision-making and person-centered planning.