As discussed in Seeking Guardianship Part One: The Application (How to Apply for Guardianship in Texas) and Part Two: Who Should Apply (Who Can Be a Guardian in Texas?) there is much to be considered before an application is filed. These considerations are best guided by an experienced Approved Guardianship Attorney who practices in the court with guardianship jurisdiction where the person to be protected lives.
How Long Does the Guardianship Process Take?
The guardianship application process typically takes three months from application to hearing. There is no such thing as an emergency guardianship. The person must be given time to show that they do not need a guardian, perhaps by getting back on medication or agreeing to move to a facility. The person must be given time to put in place sufficient supports and services to make a guardianship unnecessary. The person must be given time to meet with a Court-appointed Approved Guardianship Attorney, who may argue against the guardianship or against appointing the applicant as guardian. If a Healthcare Provider’s Certificate of Medical Examination has been obtained, the person must be given time to obtain an Independent Medical Examination. The person’s civil rights must be protected.
When a Temporary Guardianship May Be Available
Some Courts will award a temporary guardianship, even without a Healthcare Provider’s Certificate of Medical Examination, if there is no Durable Power of Attorney and access to funds is needed to pay for the person’s care or in other dire circumstances. A temporary guardianship can last for 30 or 60 days, but no more. The temporary guardian must be bonded (insured), submit an inventory and, at the end of the guardianship, a final accounting. In order to proceed to a permanent guardianship, a Healthcare Provider’s Certificate of Medical Examination must be obtained and submitted to the Court.
Other Courts, typically those with sufficient staff, will not award a temporary guardianship but proceed quickly to a permanent guardianship, but only when it is literally a matter of life and death.
Complete the Requirements After Filing
After the Application is filed, the people mentioned in Parts One and Two must receive copies and, in the case of family members, return a Waiver and Election or be served by a constable. The guardianship must be registered with the Judicial Branch Certification Commission and the applicant complete online guardianship training. If the person to be protected by a guardianship has no more than $50,000, the DPS will conduct a criminal background check on the applicant. If the person has more, the applicant must be fingerprinted and undergo a nationwide criminal background check. The criminal background reports are submitted directly to the Court.
Prepare for the Guardianship Hearing
All Texas guardians must be bonded, insured. This can be arranged before the hearing and submitted after the guardian is appointed subject to submitting an oath and bond.
The applicant must also complete and submit several other documents to the Court, some to assist the Court in contacting them and other family members, one reporting on the well-being and condition of the person to be protected by the guardianship, and another, completed with an Approved Guardianship Attorney, verifying that the applicant understands the duties and responsibilities of a guardian.
This article is part of our Texas Guardianship Process series:
Seeking Guardianship Part 1: Applying – How to Apply for Guardianship in Texas
Seeking Guardianship Part 2: Who Should Apply – Who Can Be a Guardian in Texas?
Seeking Guardianship Part 3: After the Application – What Happens After You File for Guardianship in Texas?
Elder law attorney, Terry Garrett, CELA, is a member of the National Academy of Elder Law Attorneys and is an Approved Guardianship Attorney. She assists people in elder law, estate and special needs planning, guardianship and settling estates. She graduated with honors from Cornell University. She was on the Dean’s List at Wharton Business School. She earned her J.D. at Columbia Law School, receiving the Parker Award and a Mellon Fellowship.
