Families in New Braunfels and across Comal County often come to us knowing that a loved one needs help, but not knowing what a guardianship case actually involves. The Texas guardianship process has more required steps than many family law cases, because the court is deciding whether to take away some of a person’s legal rights. Here is a plain-language walk-through of what a guardianship attorney does at each stage, and what you will need to do.
Step 1: Decide Whether Guardianship Is Really Needed
Before anything is filed, we look at whether a less restrictive option could work. Texas law requires the court to find that alternatives and supports, such as powers of attorney or supported decision-making, are not feasible before it creates a guardianship (Tex. Est. Code § 1101.101). The application itself must address those alternatives.
Questions we ask early on:
- Did your loved one sign a durable power of attorney or medical power of attorney?
- Could they still sign one today?
- Is Social Security the only income, so a representative payee might be enough?
- Is someone already misusing a power of attorney?
If an alternative fits, it is usually faster and less expensive. Our page on alternatives to guardianship has more detail.
Step 2: Choose the Right County and Court
A guardianship is filed in the county where the proposed ward lives. In Comal County, guardianship cases go through the county court system, not the district courts that handle divorce. Because New Braunfels straddles Comal and Guadalupe counties, we confirm which side of the line your loved one lives on before filing. If your parent recently moved into memory care in another county, venue questions can come up, and we address those at the start.
Step 3: Get the Physician’s Certificate
For an adult, a physician must complete a Certificate of Medical Examination, generally based on an exam within 120 days before the application is filed. The certificate describes the person’s condition, their abilities, and how the condition affects their decision-making. For intellectual disability cases, additional testing or records may be needed.
Getting this certificate is often the step that slows a case down, so we start on it early. See our Certificate of Medical Examination page for what the doctor must address.
Step 4: File the Application
The application tells the court who the proposed ward is, why a guardianship is needed, what type and scope of guardianship is requested, who should serve, and what is known about the person’s property and family. It also lists relatives who must receive notice.
The court clerk posts notice of the case, and certain relatives receive notice by mail. Check the current filing fee with the clerk, because fees change.
Step 5: The Court Appoints an Attorney Ad Litem
Once the application is filed, the court appoints an attorney ad litem to represent the proposed ward. This lawyer is not your lawyer. Their job is to meet with the proposed ward, explain the case, and advocate for what the proposed ward wants, including objecting if appropriate. The court may also appoint a guardian ad litem to look out for the person’s best interest.
Step 6: Personal Service on the Proposed Ward
The proposed ward must be personally served with the application and the notice. This usually means a sheriff, constable or private process server hands the papers to the person, wherever they are living. Families sometimes worry about how their loved one will react. We can talk through ways to make this step as calm as possible, but it cannot be skipped.
Step 7: Background Check, Training and Preparation
Before the hearing, many courts require the proposed guardian to complete a criminal history check and guardianship training. We also prepare the evidence, which may include:
- testimony from the person seeking appointment,
- testimony about recurring problems in daily life,
- the physician’s certificate and, if needed, the doctor’s testimony,
- school, medical or financial records,
- a proposed order that spells out the guardian’s powers and the ward’s retained rights.
Step 8: The Hearing
At the hearing, the judge must find by clear and convincing evidence that the proposed ward is incapacitated and that a guardianship is in their best interest. The court must also decide:
- whether alternatives and supports are not feasible,
- whether the guardianship should be full or limited,
- which rights the ward keeps,
- who will serve as guardian,
- the amount of bond.
The proposed ward may ask for a jury. If anyone objects, the case becomes a contested guardianship, which can involve discovery, additional evaluations and a longer trial.
Step 9: Oath, Bond and Letters
After the judge signs the order, the guardian must qualify within the time the law allows by:
- Taking the oath to perform the duties faithfully.
- Posting a bond in the amount the court sets. A guardian of the estate’s bond is often tied to the value of the estate and can be large, so most people use a corporate surety company.
Once both are filed and approved, the clerk issues letters of guardianship. These letters are your proof of authority.
Step 10: Life as a Guardian
The case does not close after letters are issued. A guardian of the estate files an inventory soon after qualifying and then annual accounts. A guardian of the person files an annual report on the ward’s well-being. The court reviews these filings and can require changes. See our page on guardian duties and reports.
If There Is an Emergency
If your loved one faces imminent danger, such as active financial exploitation or a medical crisis with no one able to consent, the court can appoint a temporary guardian under Estates Code chapter 1251. A temporary guardianship is generally limited to 60 days unless contested or extended, and the permanent case moves forward alongside it.
A Quick Look at the Stages
| Stage | Who is involved |
|---|---|
| Evaluate options | Family and guardianship lawyer |
| Medical exam | Physician |
| Application and notice | Lawyer and clerk |
| Representation of the proposed ward | Attorney ad litem |
| Service | Sheriff, constable or process server |
| Hearing | Judge, possibly a jury |
| Qualification | Guardian, bonding company and clerk |
| Ongoing oversight | Guardian and court |
Talk With a New Braunfels Guardianship Attorney
Every step of a guardianship has its own requirements, and missing one can delay the case. Our team at New Braunfels Family Law handles guardianship applications for families throughout Comal County and nearby counties, and we keep you informed at each stage. We offer a free consultation by phone, video or in person, and se habla español. Call (830) 302-4071.
Frequently Asked Questions
How long does a guardianship take in Comal County?
An uncontested case often takes a few months from filing to letters of guardianship, depending on the court’s calendar, how quickly the medical certificate is obtained and how fast service and notices are completed. A contested case can take much longer.
Does the proposed ward have to go to the hearing?
The proposed ward generally has the right to attend, and the court expects them to unless it determines attendance is not necessary or would not be in their interest. The attorney ad litem usually addresses this with the court.
What does it cost to file a guardianship?
Costs include filing fees, service, the attorney ad litem’s fee, the physician’s fee, the bond premium and your own attorney’s fees. Filing fees change, so check the current fee schedule with the clerk. Our page on the cost of guardianship explains the categories.
Can a guardianship be agreed instead of contested?
Many guardianships are uncontested, meaning the family agrees and the proposed ward does not object. The court still has to hear evidence and make the required findings, even when everyone agrees.
What are letters of guardianship?
Letters of guardianship are the document the clerk issues after the guardian qualifies. They prove your authority to banks, doctors, care facilities and government agencies. Keep certified copies handy.
Last reviewed November 13, 2026. General information only, not legal advice.