Texas law has very specific procedures in place for proving the need for a guardianship and getting a guardian appointed.  These procedures are too complicated for a lay person to undertake without a lawyer's help, and most courts will not entertain guardianship applications filed by non-lawyers.  To get a guardianship, incapacity must be proven by clear and convincing evidence -- a very high standard.  Unless the proposed ward is a minor, a certificate from a doctor who has examined the proposed ward must be filed with the court.  There are specific requirements for the certificate, and it must be dated within 120 days of the filing of the application for guardianship, so you should consult an attorney for the specific requirements before the doctor conducts the examination which forms the basis for the certificate.  (Slightly different requirements apply for mentally retarded persons.)  The court will appoint an attorney -- called an attorney ad litem -- to represent the proposed ward, since the granting of a guardianship takes away some of the ward's civil rights.  Texas courts typically employ the doctrine of least restrictive alternatives in guardianship cases -- taking away as few of the ward's rights as possible and giving the guardian only those rights and powers as is necessary to protect the ward or the ward's property.

Last updated on January 6, 2011 by Glenn Karisch