How Long Does It Take to Establish Guardianship in Texas?

 Posted on February 16, 2026 in Guardianship

In Texas, establishing guardianship usually takes between 30 and 90 days. However, the timeline can vary depending on the court, the type of guardianship, and whether the case involves a minor or an incapacitated adult.

Guardianship is often needed when someone cannot safely manage their personal or financial affairs, such as an elder with dementia or a child whose parents are unable to provide care. The need for guardianship is growing as the population ages. According to the U.S. Census Bureau, the number of Americans age 65 and older reached 61.2 million, reflecting a continued increase in older adults who may need legal protection and assistance.

As of 2026, Texas probate courts follow strict procedures before granting guardianship to protect the rights of both minors and adults. Our San Antonio, TX guardianship lawyer can help families understand the process and avoid unnecessary delays.

What Is Guardianship in Texas for Minors and Adults?

Guardianship is a legal process where a court gives someone the authority to make decisions for another person, called the ward. This can apply to both minors and adults who cannot safely manage their own personal or financial affairs.

For minors, guardianship may be needed if their parents pass away, become seriously ill, or cannot care for them. For adults, guardianship is often used when someone has a medical condition that affects memory, judgment, or decision-making. This is common when protecting an elder with dementia or another serious health condition.

Under Texas Estates Code § 1101.001, a court can appoint a guardian if a person is legally incapacitated or if a minor does not have a parent able to provide proper care.

What Is a Guardian of the Person in Texas?

A guardian of the person makes decisions about the ward’s daily life and medical care. This includes deciding where the ward lives, arranging medical treatment, and making sure their basic needs are met.

This type of guardian helps protect minors and adults who cannot safely care for themselves.

What Is a Guardian of the Estate in Texas?

A guardian of the estate manages the ward’s money and property. This includes paying bills, managing bank accounts, and protecting financial assets.

This type of guardian is often needed when a minor receives money or when an adult or elder cannot safely manage their finances.

In some cases, the court may appoint the same person to serve in both roles.

What Steps Are Required To Establish Guardianship in Texas?

Texas law requires several steps to ensure guardianship is necessary and appropriate. These steps help protect the rights of the proposed ward.

The process begins when someone files an application for guardianship in the probate court. Under Texas Estates Code § 1101.103, the application must explain why guardianship is needed and include details about the proposed ward.

The court will also require medical evidence if the case involves an incapacitated adult. A physician must evaluate the person and provide written confirmation of their condition.

Family members must receive notice of the guardianship case. The court may also appoint an attorney or investigator to represent the proposed ward’s interests.

Finally, the judge will hold a hearing to decide whether guardianship should be granted.

How Long Does Each Stage of the Guardianship Process Take in Texas?

The total timeline depends on how quickly documents are prepared and how busy the court is. In Bexar County and other Texas counties, the process often takes one to three months.

How Long Does It Take To File and Review the Guardianship Application?

Preparing and filing the application may take one to two weeks. The court then reviews the documents to make sure everything is complete. Missing information or errors can cause delays.

How Long Does It Take To Schedule and Complete the Court Hearing?

After reviewing the application, the court schedules a hearing. This usually takes several weeks, depending on court availability. At the hearing, the judge reviews evidence and decides whether guardianship is necessary.

How Long Does It Take for Guardianship Authority To Begin?

If the judge approves the guardianship, the guardian must complete the final steps before receiving authority. Under Texas Estates Code § 1105.002, the guardian must take an oath and may need to post a bond.

Once these steps are complete, the guardian can begin acting on behalf of the ward.

What Can Delay Guardianship Approval in Texas?

Several issues can slow down the guardianship process. Courts carefully review these cases because guardianship removes important legal rights.

Common causes of delay include:

• Missing or incomplete medical records
• Family disagreements about who should be the guardian
• Errors in the application
• Court scheduling delays
• Failure to complete required background checks

Working with a lawyer and preparing documents carefully can help reduce delays.

Can Emergency Guardianship Be Granted Faster in Texas?

Texas law allows emergency or temporary guardianship when someone faces immediate danger.

Under Texas Estates Code § 1251.001, courts can appoint a temporary guardian if there is an urgent risk to a person’s health, safety, or finances. This is often used when an elder is at risk of exploitation or when a child’s safety is at risk.

Temporary emergency guardianship can sometimes be approved within days, but it is limited in duration. A full hearing is still required for permanent guardianship.

Contact Our Experienced San Antonio, TX Guardianship Attorney Today

At The Law Office of Ryan C. Moe, PLLC, we help families navigate the legal process and prepare guardianship applications that meet Texas court requirements. Attorney Moe brings over 20 years of legal experience and understands how important it is to protect loved ones. He works closely with families to help them secure guardianship efficiently and correctly.

If you need help establishing guardianship for a child or adult, contact our San Antonio, TX guardianship lawyer by calling 210-861-6000 to discuss your situation.