When a parent with dementia can no longer manage money, or a son or daughter with a disability is about to turn 18, families in New Braunfels and across Comal County often hear the word “guardianship” for the first time. A guardianship is a court case in which a judge gives one person legal authority to make decisions for another. It is a serious step, because it takes away rights from the person who needs help. This page explains how guardianship generally works for Comal County families and what the court will expect.
Where Comal County Guardianships Are Filed
A guardianship is filed in the county where the proposed ward lives. For someone living in New Braunfels, Canyon Lake, Bulverde, Spring Branch or Garden Ridge, that is usually Comal County. Probate and guardianship matters in Comal County are heard by the county court system there, and papers are filed through the county clerk rather than the district clerk who handles divorces.
Remember the county line. If your loved one lives in the part of New Braunfels that sits in Guadalupe County, the case generally belongs in Guadalupe County. The same is true for a parent in a Seguin, San Marcos or Boerne care facility, whose case would generally be filed in that county.
The Court Must Look at Alternatives First
Before creating a guardianship, a Texas court must find that alternatives and supports, such as a power of attorney or supported decision-making, are not feasible (Tex. Est. Code § 1101.101). That means your first question should be whether a guardianship is needed at all.
Common alternatives include:
- A statutory durable power of attorney for finances
- A medical power of attorney and a directive to physicians
- A HIPAA release so family can speak with doctors
- A supported decision-making agreement for an adult who can make decisions with help
- A representative payee for Social Security benefits
- A designation of guardian in advance, naming who should serve if a guardianship is ever needed
If your loved one still has capacity to sign documents, these tools are often faster, cheaper and more respectful of independence. Our page on alternatives to guardianship covers them in detail.
What a Comal County Guardianship Case Requires
The Application
The case starts with an application describing the proposed ward, the proposed guardian, the type of guardianship requested and why less restrictive options will not work.
The Certificate of Medical Examination
A physician must complete a Certificate of Medical Examination, generally based on an exam within 120 days before the application is filed. It describes the person’s condition and abilities. A vague or outdated certificate can delay the case, so we coordinate closely with the doctor. See our page on the certificate of medical examination.
Service and the Attorney Ad Litem
The proposed ward must be personally served with notice. The court appoints an attorney ad litem to represent the proposed ward, and may appoint a guardian ad litem. The proposed ward may be entitled to a jury and has the right to object.
Background Check and Training
Texas courts generally require a proposed guardian to submit to a criminal background check. Courts also commonly require family guardians to complete a short training course and register with the state’s guardianship registry. Ask the clerk or your lawyer which steps your court currently requires.
The Hearing
At the hearing, the judge hears evidence about capacity, alternatives, the proposed guardian’s suitability and the powers needed. The court prefers a limited guardianship whenever it will meet the person’s needs.
Who Can Serve as Guardian
Priority usually goes to the spouse and then close family, but the court decides based on the ward’s best interest. Some people are disqualified, including certain people with felony convictions, people whose interests conflict with the ward’s and people the court finds unsuitable.
After the Guardianship: Ongoing Duties
Being appointed is the beginning, not the end. A Comal County guardian must:
| Duty | Guardian of the person | Guardian of the estate |
|---|---|---|
| Take the oath and post bond | Yes | Yes (the estate bond can be large) |
| File an inventory | No | Yes |
| File annual accounts | No | Yes |
| File an annual report on the ward’s well-being | Yes | Not usually |
| Get court approval for major actions | Some decisions require notice or court approval | Many, such as selling property |
Missing a report or spending money without approval can lead to removal. Our page on guardian duties and reports explains the calendar.
Emergency Situations
If a person is in imminent danger, for example because someone is draining their bank account or they cannot get urgent care, the court may appoint a temporary guardian under Estates Code chapter 1251. A temporary guardianship is generally limited to 60 days unless contested or extended. Learn more about temporary guardianship.
Young Adults Turning 18 in Comal County
Parents of a teen with an intellectual or developmental disability often assume they keep authority at 18. They do not. For an adult with a disability, a guardianship application can be filed during the 180 days before the 18th birthday, so it can take effect on the birthday. Many families also consider supported decision-making instead.
Guardianship for Minors
Parents are the natural guardians of a child’s person. A guardianship of the estate may be needed if a child inherits money or receives a settlement. In some cases, the court may allow certain funds to be paid into the court registry or a management trust instead.
Talk With a New Braunfels Guardianship Lawyer
Guardianship decisions are hard, and they usually come at an emotional time. Our family law team helps New Braunfels and Comal County families weigh alternatives, prepare a guardianship case or respond to one. Call (830) 302-4071 for a free consultation by phone, video or in person. Se habla español.
Frequently Asked Questions
Where is a guardianship filed in Comal County?
A guardianship is filed in the county where the proposed ward lives. For a New Braunfels or Canyon Lake resident in Comal County, that means the Comal County court system, with filings made through the county clerk. If your loved one lives in Guadalupe, Hays or Kendall County, the case belongs there instead.
Can I get a guardianship for my parent who just moved in with me?
Possibly, but residence matters. If your parent recently moved to New Braunfels from another county or state, we will look at where the parent actually lives now and whether an existing case or document affects where to file.
Does my loved one get a lawyer?
Yes. The court appoints an attorney ad litem to represent the proposed ward’s wishes and rights. The court may also appoint a guardian ad litem to look out for the person’s best interest. Learn more about the attorney ad litem.
How long does a Comal County guardianship take?
An uncontested case often takes a few months, depending on how quickly the medical certificate, service, background check and hearing can be completed. A contested case can take much longer. In an emergency, a temporary guardianship may be possible.
Is a guardianship permanent?
Not necessarily. The court reviews guardianships, and a ward or interested person can ask the court to restore capacity or modify the guardianship if circumstances change. Even an informal letter from the ward can start that review.
Last reviewed November 13, 2026. General information only, not legal advice.