Houston Guardianship Attorneys Who’ve Got Your Back

Why Finding the Right Houston Guardianship Attorney Matters

A Houston guardianship attorney guides families through Texas courts when a loved one can no longer make safe decisions. Whether you are worried about an aging parent with dementia, a disabled adult child, or a minor who suddenly owns property, guardianship is the legal tool that protects vulnerable people while preserving as much independence as possible.

Quick Answer: Top Houston Guardianship Attorney Services
• File guardianship applications with Harris County Probate Courts
• Handle physician evaluations and court investigations
• Manage JBCC registration and required training
• Draft annual reports and accountings
• Defend or contest guardianship challenges
• Coordinate temporary emergency guardianships

Texas oversees more than 50,000 active guardianships, and Harris County sees some of the highest new-case numbers each year. Roughly 60 % involve seniors over 65, most linked to dementia or Alzheimer’s. Establishing guardianship typically costs $3,500–$7,500, plus annual compliance expenses.

Statistics, however, reveal only part of the story. Families must balance legal deadlines, medical evidence, and emotional strain. As one local lawyer notes, “Guardianship is a serious responsibility—we never forget the human being at the center of every case.”

Since 2018, every new Texas guardian must pass a background check and complete free state-approved training. A straightforward guardianship takes one to three months from filing to hearing; about 30 % of petitions face objections from family members. Experienced legal counsel keeps the process on track and reduces conflict.

The modern trend is clear: courts look for the least restrictive alternative first. A skilled attorney can often narrow guardianship powers or propose different tools that still keep a loved one safe without needlessly limiting their rights.

Useful vocabulary: Houston elder law attorney • Trust and will disputes • Estate administration attorney

What Guardianship Means in Texas—And When You Need It

Guardianship is a court-supervised relationship in which a judge appoints someone (the guardian) to act for another person (the ward) who cannot make safe decisions. Incapacity might arise gradually with dementia, suddenly after a stroke, or exist from birth because of developmental disabilities. For minors, guardianship may be needed if parents die or become incapacitated.

Texas recognizes several forms of protection so the court can tailor authority to the ward’s actual needs.

Courts prefer limited guardianship—for example, granting control over investments while allowing the ward to choose daily activities. Less restriction means more dignity.

When to Call a Houston Guardianship Attorney

• Memory or safety red flags: unpaid bills, getting lost in familiar places, medication errors.
• Financial exploitation: unexplained withdrawals, new “friends” asking for money.
• Medical roadblocks: hospitals or doctors refusing to discuss care without legal authority.
• Urgent crises: need for surgery approval, discharge planning, or rapid protection from scammers.

Texas requires a recent physician certificate that details decision-making capacity. An attorney can coordinate this evaluation and confirm that guardianship—not a simpler alternative—really is the last resort.

Houston Guardianship Attorney: 9 Critical Services They Provide

When the paperwork, deadlines, and courtroom rules feel overwhelming, a Houston guardianship attorney steps in so you can focus on your loved one.

1. Application drafting & filing – precise language that satisfies Harris County judges.
2. Physician evaluation coordination – ensure the doctor’s certificate meets legal standards.
3. Attorney ad litem & investigator liaison – avoid procedural delays.
4. JBCC registration help – background check and free online training completed on time.
5. Annual reports & accountings – keep guardians in good standing.
6. Contested-case litigation – defend your position or oppose an unnecessary petition.
7. Modification & termination – adapt orders when circumstances change.
8. Estate-planning integration – align guardianship with trusts, wills, and powers of attorney.
9. Emergency filings – obtain 24- to 48-hour authority in hospital crises.

Duties at a Glance

• Guardian of the Person: medical treatment, residence choices, daily care.
• Guardian of the Estate: manage bank accounts, real estate, benefits, and records.
Both roles carry strict fiduciary duties and require court approval for major decisions.

Emergency & Temporary Guardianships

Texas courts can issue temporary orders—valid for up to 60 days—when immediate medical or financial action is essential.

Ongoing Compliance & JBCC Registration

Since 2018, all Texas guardians must register online, pass a background check, and complete free training. Missing these steps can halt your authority to act.

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Step-by-Step: How to Become a Guardian in Harris County

1. Medical exam (1–2 weeks) – doctor completes the statutory certificate within 120 days of filing.
2. File the application (same day) – include the certificate and proposed guardian details.
3. Serve interested parties (1–2 weeks) – personal service on the proposed ward plus notice to relatives.
4. Attorney ad litem & investigator (2–4 weeks) – independent review of capacity and guardian suitability.
5. Guardianship hearing – judge considers evidence; uncontested matters often finish in one short session.
6. Bond & oath (within days) – estate guardians post bond; all guardians swear to uphold duties.
7. JBCC training & registration – complete the free online course and background check.
8. Letters of guardianship issued – your official authority for banks, hospitals, and agencies.

Most uncontested cases finish in one to three months; disputes or missing paperwork extend the timeline. Working with counsel prevents costly do-overs and keeps emotions from derailing progress.

How a Houston Guardianship Attorney Saves Time & Money

• Correct filings the first time—no re-filing fees or continuances.
• Calendar management—deadlines never slip.
• Proven strategies for contested matters—reduce hearing length and family conflict.

Alternatives, Challenges, and Modifications—Staying Flexible

Texas judges must choose the least restrictive option that still protects the individual. Before filing for guardianship, consider:

• Powers of attorney – quick, private, and flexible if the person can still sign legal documents.
• Supported decision-making – the ward keeps authority but has designated helpers.
• Management trusts & money-management programs – protect assets without full guardianship.

Contested Cases

About 30 % of filings face pushback over necessity, choice of guardian, or scope of authority. A calm legal strategy and clear medical evidence often resolve disputes without destroying family ties. See Protecting Loved Ones: Solving the Complexities of Texas Guardianship Litigation.

Changing or Ending Guardianship

• Restoration of capacity – courts return rights when the ward improves.
• Guardian resignation or removal – the court appoints a successor if the current guardian cannot serve.
• Guardianship ends at death – final reports close out the estate, often alongside probate.

Local Costs & Resources Every Houston Family Should Know

Guardianship is an investment in safety—planning for costs removes unpleasant surprises.

• Court filing fees: $200–$400.
• Physician evaluation: $300–$1,000.
• Attorney fees: $2,000–$3,500 for uncontested matters; $5,000+ if contested.
• Ad litem & investigator: $1,000–$3,000.
• Bond premiums: 0.5–1 % of the estate each year.
• Annual legal help for reports: $500–$1,500.
• JBCC training: free.

Local help includes Harris County Probate Courts, City of Katy senior services, Fort Bend County resources, and several Houston-area elder-law clinics offering free or low-cost consultations.

The latest research on guardianship costs provides a deeper breakdown.

Working with an experienced Houston guardianship attorney often lowers total expenses by avoiding delays and repeated filings.

Frequently Asked Questions about Texas Guardianship

How long does the guardianship process take?

Most families can expect the guardianship process to take 1-3 months from filing to final appointment in Harris County. That might feel like forever when you’re dealing with a crisis, but the timeline makes sense when you consider everything that happens behind the scenes.

Emergency situations work differently. When someone’s in the hospital and critical medical decisions can’t wait, temporary guardianships can be established in 24-48 hours. We’ve helped families get emergency authority over a weekend when their loved one needed immediate surgery.

Contested cases are a different story entirely. When family members disagree about whether guardianship is necessary or who should serve as guardian, the process can stretch to 6 months or more. These cases require additional hearings, witness testimony, and sometimes expert evaluations. While it’s frustrating for families, the extra time ensures everyone’s voice gets heard.

Court schedules also affect timing. Harris County Probate Courts handle hundreds of guardianship cases, so hearing dates depend on availability. Having an experienced Houston guardianship attorney helps because we know which courts move faster and how to expedite urgent cases.

Can family members contest a guardianship?

Family disagreements about guardianship happen more often than you might think. About 30% of guardianship petitions face some form of contest, so you’re definitely not alone if your family can’t agree on the best path forward.

Family members can challenge several aspects of a guardianship case. They might argue that the person really doesn’t need a guardian and can still make their own decisions with some help. Sometimes the disagreement centers on who should serve as guardian—maybe multiple siblings want the responsibility, or they think the proposed guardian isn’t suitable.

Other common disputes involve the scope of guardianship powers. Does someone need full guardianship, or would limited guardianship over finances be enough? These nuanced decisions can spark heated family debates.

Even after a guardian is appointed, contests can continue. Family members sometimes challenge specific decisions the guardian makes, like selling the family home or choosing a particular care facility.

The good news is that Texas law builds in protections for everyone involved. The court-appointed attorney ad litem ensures the proposed ward’s voice is heard in these disputes, not just the loudest family member. This independent attorney investigates what’s truly in the person’s best interest.

What reports must a guardian file each year?

Being a guardian means staying accountable to the court through detailed annual reporting. The type of reports you’ll file depends on whether you’re a guardian of the person, guardian of the estate, or both.

Guardians of the person file annual well-being reports that paint a complete picture of how their ward is doing. These reports describe the ward’s physical and mental condition, including any changes in health or cognitive ability over the past year. You’ll document living arrangements and care received, whether that’s in-home care, assisted living, or family care.

The court also wants to know about medical treatment and services the ward received, including doctor visits, medications, and any hospitalizations. Don’t forget to include social and educational activities—courts recognize that quality of life matters just as much as medical care.

Guardians of the estate have more complex reporting requirements. Their detailed annual accountings must show all income received during the year, from Social Security benefits to investment returns. Every penny spent needs documentation, so you’ll list every expense and payment made with supporting receipts.

The accounting also includes current asset values and investments, which means getting updated appraisals for real estate and investment account statements. Bank statements and financial records must be attached to prove every transaction actually happened.

Here’s what catches many new guardians off guard: these reports are due annually on the anniversary of the guardian’s appointment, not at the end of the calendar year. Miss that deadline, and you could face serious consequences. Missing deadlines can result in guardian removal, which is why many guardians work with attorneys to ensure their reports are filed correctly and on time.

The paperwork might seem overwhelming, but remember—these reports protect both you and your ward by creating a clear record of the care and financial management you’ve provided.

Conclusion

Finding yourself in need of guardianship services can feel overwhelming—you’re not alone in this journey. Houston guardianship attorney Keith Morris and Stacy Kelly at Texas Probate Attorney understand that these decisions come during some of life’s most challenging moments. Whether you’re watching a parent struggle with dementia, caring for a disabled adult child, or facing an unexpected medical crisis, we’re here to help.

With over 40 years of combined experience, Keith and Stacy have guided hundreds of Houston families through the guardianship process. They know that behind every case is a real family trying to protect someone they love. That’s why they focus on personalized representation that addresses your specific situation, not cookie-cutter solutions.

Sometimes guardianship cases require aggressive litigation—especially when family members disagree or when someone challenges your loved one’s best interests. Other times, everyone agrees on what needs to happen, and we can work toward quick resolutions that get your family the protection they need without unnecessary delays or expenses.

The reality is that Texas guardianship law is complex and unforgiving. Missing a deadline, filing incorrect paperwork, or misunderstanding JBCC requirements can derail your case for months. The average family spends $3,500 to $7,500 establishing guardianship, but mistakes can easily double those costs.

More importantly, your loved one needs protection now. Whether it’s making critical medical decisions, preventing financial exploitation, or ensuring safe living arrangements, delays can have serious consequences.

Don’t steer this process alone. Schedule a consultation today to discuss your family’s specific needs. Keith and Stacy will explain your options clearly, help you understand the timeline and costs involved, and develop a strategy that protects your loved one while preserving their dignity and independence.

For families throughout Harris County and the greater Houston area, Texas Probate Attorney provides the skilled legal representation your situation demands. More info about Harris County services is available to help you understand how we can assist your specific location.

Your loved one deserves protection. Your family deserves peace of mind. Contact us today to take the first step toward securing both.