How the Texas Guardianship Process Begins
Step 1: Complete the Certificate of Medical Examination (CME)
The guardianship process starts with medical evidence. The first step is to speak with your loved one’s doctor and request a Certificate of Medical Examination, known as a CME. Doctors who treat elderly or incapacitated individuals are usually familiar with this form.
The CME explains:
• The nature of your loved one’s incapacity
• What tasks they can handle independently
• What areas they cannot manage on their own
• Whether guardianship is medically recommended
This document guides your attorney and the court in determining whether your loved one needs a Guardian of the Person, a Guardian of the Estate or both.
Step 2: Investigator Report and Court Review
Once the guardianship application is filed, the court orders an investigation. A Court Investigator may interview family members, review living conditions and evaluate whether alternatives to guardianship exist.
This independent review ensures that guardianship is truly necessary and is being requested for the right reasons.
Step 3: Attorney Ad Litem Appointment
As soon as the Court receives the Investigator’s Report, the Judge appoints an Attorney Ad Litem. This attorney is certified to serve in guardianship cases and represents the rights and interests of the person who may need a guardian.
Because your loved one may no longer have the capacity to hire a lawyer, the court appoints one to protect them.
The Attorney Ad Litem will:
• Visit with you and your family
• Speak with your loved one if possible
• Review the medical evidence
• Talk with your attorney
• Provide a written and verbal report to the Judge at the hearing
Their role is to ensure your loved one’s rights are fully protected throughout the process.
Step 4: Preparing and Filing the Guardianship Application in Texas
Once the CME is completed, your attorney prepares the formal Guardianship Application. It includes:
• Basic information about your loved one
• Their residence and date of birth
• Description of the incapacity
• Marital history
• List of children or relatives
• Type of guardianship needed
Texas law sets strict qualifications and priority rules about who can serve as a guardian. This means that not everyone is eligible. Our attorneys explain these rules in detail and help you understand whether you can serve in this role.
The Application and CME are filed with the court to formally begin the guardianship proceeding.
Step 5: The Guardianship Hearing in Texas
After the Court Investigator and Attorney Ad Litem complete their work, the hearing is scheduled.
At the hearing:
• The Judge reviews the Court Investigator’s findings
• The Judge reviews the CME
• The Attorney Ad Litem presents their report
• You provide testimony about why guardianship is needed
• You explain why you are the appropriate person to serve
Based on the evidence, the Judge decides whether your loved one needs a:
• Guardian of the Person
• Guardian of the Estate
• Both
• Or none at all
The goal of the court is to choose the least restrictive option and protect the individual’s rights while ensuring their safety and well being.
