Families in New Braunfels and across Comal County usually ask about cost within the first few minutes of a guardianship consultation, and they should. A guardianship is a court case with several moving parts, and some of the costs continue for years. There is no single price, because each case is different. What we can do as your guardianship lawyers is explain what drives the cost, who usually pays each piece, and how to keep the total reasonable.
You will not find specific dollar figures on this page. Court costs and fees change, and many costs are set by the judge case by case. For current filing fees, check the fee schedule with the Comal County clerk, and ask us for an estimate based on your facts.
The Main Cost Drivers
| Cost | What it is | Who usually pays |
|---|---|---|
| Filing and court costs | Fees to file the application, issue citations, and later issue letters of guardianship | Applicant up front; may be reimbursed from the ward’s estate with court approval |
| Service of process | Personal service on the proposed ward and notice to others | Applicant up front |
| Physician exam and certificate | The Certificate of Medical Examination required by the court | Applicant or the proposed ward’s insurance or funds |
| Attorney ad litem | Court-appointed lawyer for the proposed ward | Proposed ward’s estate, or the county if the estate cannot pay |
| Guardian ad litem (if any) | Optional court appointee looking at best interest | Similar to the attorney ad litem |
| Applicant’s attorney | Your lawyer, preparing and presenting the case | Applicant; may be reimbursed from the estate with court approval |
| Bond premium | Yearly premium for the guardian’s bond | The ward’s estate, once approved |
| Ongoing reports and accounts | Preparing and filing annual reports, inventories and accounts | Generally the ward’s estate |
Let’s look at each in a little more detail.
Court Costs and Service
Every guardianship begins with a filing fee and related charges, such as costs to issue the citation that must be personally served on the proposed ward. Later, there are costs to issue letters of guardianship and to file reports. These amounts are set by law and local fee schedules and can change, so we always confirm current figures with the clerk.
Some applicants who cannot afford court costs may qualify to file a statement of inability to afford payment. Whether that is appropriate depends on your finances and the court’s review.
The Physician’s Exam
Texas requires a Certificate of Medical Examination, generally based on an exam within 120 days before filing. Some doctors complete the certificate as part of a regular visit, while others charge a separate fee for the time and paperwork. Additional evaluations may be needed in cases involving intellectual disability or contested capacity. Ask the doctor’s office about cost and insurance coverage up front.
The Attorney Ad Litem
The attorney ad litem is a lawyer appointed by the court to represent the proposed ward. This is a required cost in every Texas guardianship. The court approves the ad litem’s fee, often based on the time spent. The fee is usually paid from the proposed ward’s estate. If the proposed ward has little or no money, the county may pay, and in certain cases the court can order the applicant to pay part or all of it.
In a contested case, the ad litem’s time, and therefore the fee, tends to grow.
The Guardian’s Bond
Before serving, a guardian must take an oath and post a bond. The bond protects the ward if the guardian mismanages money.
- Guardian of the person: the bond is often relatively small.
- Guardian of the estate: the bond is generally based on the value of the ward’s personal property and the income the guardian expects to receive, so it can be large.
Most guardians buy a surety bond and pay a yearly premium, typically paid from the ward’s estate. A few strategies can lower the bond, such as depositing cash in a restricted account that cannot be withdrawn without a court order. If a guardian’s credit history makes bonding difficult, that may affect who should serve. Our page on the guardian of the estate covers the role in detail.
Your Own Attorney’s Fees
The applicant’s legal fees depend mostly on whether the case is agreed or contested. Factors that increase the work include:
- Family members who object or file competing applications
- Requests for broad powers when a limited guardianship would do
- Complex assets such as real estate, a business or multiple retirement accounts
- A proposed ward who lives outside Comal County or is hard to serve
- An emergency requiring a temporary guardianship first
Texas courts can approve payment of reasonable attorney’s fees from the ward’s estate when the guardianship benefits the ward and was pursued in good faith. The court reviews these requests closely, and the applicant may end up bearing some or all of their own fees.
Ongoing Annual Costs
Once a guardian is appointed, costs continue:
- Bond premiums each year
- Preparing and filing the annual report on the ward’s well-being
- For a guardian of the estate, the initial inventory and annual accounts, which may need help from a lawyer or accountant
- Court approval for major actions, such as selling a house or changing investments
- Guardian compensation, which a guardian of the estate may request within limits Texas law sets and subject to court approval
Read more about these ongoing responsibilities on our guardian duties and reports page.
When the Ward Has Little or No Money
Families often worry that they cannot afford a guardianship for a parent or adult child who lives on a small Social Security check. Some help exists. Counties can pay certain court-appointed costs when the ward cannot. Some nonprofit and volunteer guardianship programs serve people with limited means. In other situations, a lower-cost alternative, such as a representative payee or supported decision-making, may meet the need without any court case.
Ways to Keep Guardianship Costs Down in Comal County
- Plan ahead. Powers of attorney and a designation of guardian are far less expensive than a guardianship. See powers of attorney.
- Consider alternatives seriously. Texas courts must find that alternatives will not work, so start with them. See alternatives to guardianship.
- Ask only for what you need. A limited guardianship, or a guardian of the person only, is usually simpler.
- Talk with family early. Agreement is the single biggest cost saver.
- Get the paperwork right. Organized records and a timely medical certificate prevent delays and repeat hearings.
- Stay on top of deadlines. Late annual filings can lead to extra hearings and costs.
Talk With a New Braunfels Guardianship Lawyer
If you are weighing a guardianship in New Braunfels or anywhere in Comal County, call New Braunfels Family Law at (830) 302-4071 for a free consultation by phone, video or in person. We will give you an honest picture of the likely costs, explain who pays what, and let you know whether a flat fee may fit your case. Hablamos español.
Frequently Asked Questions
Who pays the attorney ad litem in a Texas guardianship?
The court sets the attorney ad litem’s fee. It is usually paid from the proposed ward’s estate if there are enough funds. If the estate cannot pay, the fee may be paid by the county or, in some circumstances, the court may order the applicant to pay.
Can the ward's money be used to pay the applicant's lawyer?
Often, yes, for reasonable fees in a guardianship that was created in good faith and benefited the ward, but only with court approval. The court reviews requests and can reduce or deny fees. Applicants should never pay themselves back from the ward’s accounts without an order.
How much is the guardian's bond?
It depends on the case. The bond for a guardian of the person is often modest, while the bond for a guardian of the estate is generally tied to the value of the ward’s personal property and expected income. Some assets can be placed in restricted accounts to lower the bond amount. Most guardians buy the bond from a surety company and pay a yearly premium.
Is there a flat fee for guardianship?
Some uncontested guardianships are predictable enough to quote a flat or fixed fee for our work, though court-set costs such as the ad litem fee and bond premium are separate. Contested cases are less predictable. We discuss the options in your free consultation. See our fees page.
Are there ongoing costs after the guardian is appointed?
Yes. Expect yearly costs such as the bond premium, preparing and filing the annual report and annual account, court costs for those filings, and possible legal help when the guardian needs court approval for a sale or other action.
Last reviewed November 13, 2026. General information only, not legal advice.