Texas Guardianship Laws: Minors, Adults and Alternatives (2026)

In Texas, guardianship is a court proceeding under Title 3 of the Texas Estates Code in which a judge appoints a guardian of the person (the person's care, residence and medical consent), a guardian of the estate (property and money), or both, for an "incapacitated person" (Tex. Est. Code §§ 1002.012, 1002.017). Before appointing anyone, the court must find by clear and convincing evidence that the proposed ward is an incapacitated person, that a guardianship is in that person's best interest, that the person's rights or property will be protected by the appointment, and that alternatives to guardianship and available supports and services were considered and determined not to be feasible (Tex. Est. Code § 1101.101).

Texas uses one familiar word differently. In the Texas Family Code, a "managing conservator" is the person who has custody of a child (Tex. Fam. Code § 153.131), not someone who manages an adult's finances. The property-side role for an adult is the guardian of the estate, and the person protected by a guardianship is the "ward" (Tex. Est. Code § 1002.030). Texas also defines every minor as an incapacitated person (§ 1002.017(1)), so Estates Code Title 3 governs guardianship of children as well as adults. For how other states handle these questions, see our guardianship laws by state overview.

Information last verified on October 20, 2026. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Texas state law on guardianship of minors and adults in Estates Code Title 3, the guardian of the estate, the Family Code chapter 34 authorization agreement for a child's caregiver, and the statutory alternatives to guardianship. It does not cover custody disputes between parents (see Texas child custody laws), grandparent access and visitation (see Texas grandparents' rights), adoption, emancipation, what happens to a person's estate after death (see Texas probate), child-protection and foster-care cases, which are a separate track, or civil commitment and mental-health holds.

Texas guardianship terms and where the law lives

Texas guardianship law sits in Title 3 of the Estates Code, and most of what this page describes comes from its chapters on notice (chapter 1051), attorneys ad litem, court visitors and court investigators (chapter 1054), applications and appointment (chapters 1101 to 1105), the guardian's powers and duties (chapters 1151 and 1163), closing and restoration (chapter 1202), temporary guardianship (chapter 1251), out-of-state guardianships (chapter 1253) and supported decision-making (chapter 1357).

The statute builds everything on one definition:

"Incapacitated person" means: (1) a minor; (2) an adult who, because of a physical or mental condition, is substantially unable to: (A) provide food, clothing, or shelter for himself or herself; (B) care for the person's own physical health; or (C) manage the person's own financial affairs; or (3) a person who must have a guardian appointed for the person to receive funds due the person from a governmental source.

Tex. Est. Code § 1002.017

Unless the code says otherwise, "guardian" includes both the guardian of the estate and the guardian of the person of an incapacitated person (§ 1002.012(b)). A "ward" is a person for whom a guardian has been appointed (§ 1002.030).

How to get guardianship of a child in Texas

Because a minor is an incapacitated person under § 1002.017(1), guardianship of a child (a grandchild, niece, nephew or any other minor) runs through the same Estates Code process. Any person may start the proceeding by filing a written application in a court having jurisdiction and venue (§ 1101.001(a)).

Parents come first. When parents do not live together, their rights are equal, and the court assigns guardianship of their minor children to one parent "considering only the best interests of the children" (§ 1104.051(b)). If one parent has died, the surviving parent is the natural guardian of the person of the minor children and is entitled to be appointed guardian of their estates (§ 1104.051(c)).

When both parents have died. For a minor orphan, if the last surviving parent did not appoint a guardian, "the nearest ascendant in the direct line of the minor is entitled to guardianship of both the person and the estate of the minor" (§ 1104.052(1)). A grandparent is an ascendant in the direct line; the section sets further rules for other situations.

Notice to the parents and the child. The sheriff or other officer must personally serve the citation on a proposed ward who is 12 or older, on the proposed ward's parents if their whereabouts are known or can be reasonably ascertained, and on any court-appointed conservator or person having control of the care and welfare of the proposed ward, among others the section lists (§ 1051.103(a)).

The child's own choice. If the minor is at least 12, the minor may select the guardian by a writing filed with the clerk, but only if the court finds that the selection is in the minor's best interest and approves it (§ 1104.054(a)).

Not a route to a different school. When a guardian is appointed for a minor, the court must find that the guardianship is not created for the primary purpose of enabling the minor to establish residency for enrollment in a school or school district for which the minor is not otherwise eligible (§ 1101.101(a)(2)(C)).

No physician's certificate for a minor. The medical letter or certificate that § 1101.103 requires before an adult guardianship is granted does not apply to a minor.

Guardianship is not custody under the Family Code. A relative who wants custody of a child whose parents are living is asking for conservatorship under the Family Code, a separate body of law. There, subject to the prohibition in § 153.004 (history of domestic violence or sexual abuse), unless the court finds that appointing the parent or parents "would significantly impair the child's physical health or emotional development," a parent is appointed sole managing conservator or both parents joint managing conservators (Tex. Fam. Code § 153.131(a)). Since September 1, 2025, § 153.002(b) also presumes, in a suit between a parent and a nonparent, that a parent acts in the child's best interest and that it is in a child's best interest to be in the care, custody and control of a parent; the nonparent may overcome that presumption only "by proving by clear and convincing evidence that denial of the relief requested by the nonparent would significantly impair the child's physical health or emotional development" (Tex. Fam. Code § 153.002(c)). Our pages on Texas child custody laws and Texas grandparents' rights cover those suits.

When it ends. A guardianship must be settled and closed when the ward is no longer a minor, among the other events listed in § 1202.001(b).

A child's money and property

The court may not waive the bond for a guardian of the estate, "regardless of whether a surviving parent's will or written declaration directs the court to waive the bond" (§ 1105.101(d)). For smaller sums, chapter 1355 sets a separate procedure for paying a claim owed to a resident creditor who is entitled to $250,000 or less, where the right is liquidated and uncontested in any pending lawsuit (§ 1355.001(a)(2)). When a claim is paid under chapter 1355, the court may not appoint a guardian of the estate of a minor (§ 1101.154).

Can a parent name a guardian in a will in Texas?

Yes, if the parent is the surviving parent. Under § 1104.053(a), "the surviving parent of a minor may by will or written declaration appoint any eligible person to be guardian of the person of the parent's minor children after the parent dies or in the event of the parent's incapacity."

The court must appoint the person named in the will or declaration in preference to anyone else otherwise entitled to serve, unless the court finds that person is disqualified, is deceased, refuses to serve, or would not serve the minor children's best interests (§ 1104.053(b)).

A declaration naming a guardian of the person of a parent's child must be signed by the parent and be either written wholly in the parent's handwriting or attested in the parent's presence by at least two credible witnesses who are 14 or older and are not named as guardian or alternate guardian in the declaration (§ 1104.152(a)). The general rules for making a valid will are a separate subject from the guardian appointment itself.

Letting a relative care for a child without going to court

Family Code chapter 34 gives parents a way to authorize another adult to act for a child without a guardianship. It lets "a parent or both parents of a child" enter into an authorization agreement with an adult caregiver (Tex. Fam. Code § 34.002(a)). The acts it can cover include authorizing "medical, dental, psychological, or surgical treatment and immunization of the child," along with the further acts § 34.002(a) lists. It cannot authorize an abortion or the administration of emergency contraception (§ 34.002(c)).

The statute sets these limits:

• Signing. The parent and the adult caregiver must sign and swear to the agreement before a notary public (§ 34.004(a)).
• When a court order is needed instead. A parent may not execute an authorization agreement without a written court order in the situations § 34.004(b) lists, including when there is a court order or pending suit affecting the parent-child relationship concerning the child.
• The other parent. If both parents did not sign, the parties must mail a copy to the parent who was not a party, at that parent's last known address, no later than the 10th day after the agreement is executed. Except as § 34.005(a-2) provides, an agreement is void if the parties fail to do so (§ 34.005(a), (a-1)).
• Term. The agreement lasts six months from the date the parties enter into it and renews automatically for six-month terms unless it states an earlier expiration date, it is terminated under § 34.008, or a court authorizes its continuation under § 34.008(b) (§ 34.0075).
• No custody. The agreement "does not affect the rights of the child's parent or legal guardian regarding the care, custody, and control of the child, and does not mean that the adult caregiver has legal custody of the child" (§ 34.007(b)).
• Revocation. A party ends the agreement by written revocation given to each party and filed with the county clerk and with each court § 34.008(c) lists; if both parents signed, either parent may revoke without the other parent's consent (§ 34.008(c), (e)).
• One at a time. Only one authorization agreement may be in effect for a child at any time; an agreement signed while a prior one remains in effect is void (§ 34.002(d)).
• A later guardianship ends it. The agreement terminates if a court later enters an order appointing a guardian for the child under Subchapter B, Chapter 1104 of the Estates Code (§ 34.008(a)(4)).

How to become guardian of an adult in Texas

Adult guardianship follows the same Title 3 process, with added protections for the proposed ward.

The application

Any person may file the application, and it must be sworn. Among other contents, it must state whether alternatives to guardianship and available supports and services to avoid guardianship were considered, and whether any of them are feasible and would avoid the need for a guardianship (§ 1101.001(a), (b)(3-a), (3-b)).

Notice and service

The proposed ward (if 12 or older), the proposed ward's parents where their whereabouts are known or can be reasonably ascertained, and any court-appointed conservator or person having control of the proposed ward's care must be personally served (§ 1051.103(a)). The applicant must also send a copy of the application and notice by a qualified delivery method to each adult child and each adult sibling of the proposed ward, and to the other persons § 1051.104(a) lists, if their whereabouts are known or can be reasonably ascertained.

A lawyer for the proposed ward

Counsel is mandatory at the appointment stage:

In a proceeding under this title for the appointment of a guardian, the court shall appoint an attorney ad litem to represent the proposed ward's interests, including the proposed ward's expressed wishes.

Tex. Est. Code § 1054.001

The attorney ad litem must address whether alternatives to guardianship would meet the proposed ward's needs, and before the hearing must discuss with the proposed ward the attorney's opinion on whether a guardianship is necessary and, if so, which powers or duties of the guardian should be limited if the proposed ward receives supports and services (§ 1054.004(a)(4), (c)).

Investigation and medical evidence

In a court that has a court investigator (one appointed by a statutory probate court judge under Government Code § 25.0025, or by another judge under § 1054.156 when the commissioners court authorizes it), § 1054.151 directs the investigator, on the filing of an application, to investigate the circumstances alleged "to determine whether a less restrictive alternative to guardianship is appropriate." The court may also appoint a court visitor at any time before a guardian is appointed, or while a guardianship is pending, to evaluate the person and give a written report (§ 1054.103).

For an adult (other than a person who needs a guardian only to receive funds from a governmental source), and except as § 1101.104 provides when an intellectual disability is the basis of the alleged incapacity, the court may not grant the application unless the applicant presents a written letter or certificate, dated no earlier than the 120th day before the application is filed, from a physician licensed in Texas or another professional § 1101.103 names (§ 1101.103(a)). The code currently contains two 2023 versions of § 1101.103: one also allows a licensed psychologist when the alleged incapacity results from a mental condition, and the other allows an advanced practice registered nurse whose letter or certificate is signed by the supervising physician.

The hearing and the burden of proof

The proposed ward must be present at the hearing unless the court, on the record or in the order, determines that a personal appearance is not necessary (§ 1101.051(b)), and the proposed ward is entitled to a jury trial on request (§ 1101.052).

For an adult, incapacity "must be evidenced by recurring acts or occurrences in the preceding six months and not by isolated instances of negligence or bad judgment," except for a person who needs a guardian only to receive governmental funds (§ 1101.102).

The core findings, each by clear and convincing evidence, appear in § 1101.101(a)(1):

(A) the proposed ward is an incapacitated person; (B) it is in the proposed ward's best interest to have the court appoint a person as the proposed ward's guardian; (C) the proposed ward's rights or property will be protected by the appointment of a guardian; (D) alternatives to guardianship that would avoid the need for the appointment of a guardian have been considered and determined not to be feasible; and (E) supports and services available to the proposed ward that would avoid the need for the appointment of a guardian have been considered and determined not to be feasible

Full or limited guardianship

Full authority requires a broad finding. Under § 1101.151(a), the court may appoint a guardian with full authority only if the proposed ward is found "totally without capacity to care for himself or herself, manage his or her property, operate a motor vehicle, make personal decisions regarding residence, and vote in a public election."

If the person lacks the capacity to do some, but not all, of the tasks needed to care for themselves or manage their property, with or without supports and services, the court may appoint a guardian with limited powers and let the person make their own decisions, including about residence, or manage their property in line with their ability (§ 1101.152(a)).

Who serves as guardian

• The person's own preference. Before appointing a guardian, the court must make a reasonable effort to consider the incapacitated person's preference of who should serve and give it due consideration, to the extent consistent with Title 3 (§ 1104.002).
• A guardian named in advance. A person who is not incapacitated may sign a declaration designating a guardian of the person or estate in case of future incapacity. The court must appoint that designee in preference to others unless the designee is disqualified or would not serve the ward's best interests (§ 1104.202(a)).
• Family priority. When two or more eligible persons are equally entitled, the spouse has preference; if the spouse is not one of them, the eligible person nearest of kin is entitled (§ 1104.102).
• Disqualification. A person whose conduct is "notoriously bad" may not be appointed, and appointing a person finally convicted of any sexual offense or the other offenses § 1104.353(b) lists is presumed not to be in the ward's best interests (§ 1104.353).
• Other bars. Sections 1104.351 to 1104.359 bar other appointments, including a minor or other incapacitated person, a person the court finds unsuitable, a person indebted to the proposed ward (unless the debt is paid before appointment) or asserting a claim adverse to the proposed ward or the proposed ward's property, a person disqualified in the proposed ward's own declaration, a nonresident who has not filed the name of a resident agent, and a person found to have committed family violence who is subject to a protective order that protects the proposed ward.
• Training. A court may not appoint an individual who has not received the training required under Government Code § 155.204, unless the court waives it under Texas Supreme Court rules (§ 1104.003).
• Bond. Except as § 1105.101 provides, a guardian of the person or of the estate must give a bond (§ 1105.101(a)).

What a Texas guardian can decide, and the rights the ward keeps

A guardian of the person has, among the other powers § 1151.051(c) lists, "the right to have physical possession of the ward and to establish the ward's legal domicile" and "the power to consent to medical, psychiatric, and surgical treatment other than the inpatient psychiatric commitment of the ward" (§ 1151.051(c)(1), (4)).

The power over residence has a check. Except in an emergency, a guardian of the person may place the ward in a more restrictive care facility only after giving notice of the proposed placement to the court, the ward and any person who has requested notice, and after the further steps § 1151.051(e) sets out.

The guardian's authority is only what the court grants. Section 1151.001 provides that a ward "retains all legal and civil rights and powers except those designated by court order as legal disabilities by virtue of having been specifically granted to the guardian." The ward bill of rights in § 1151.351 adds that a ward keeps the rights granted by the state and federal constitutions and laws except where specifically limited by the court-ordered guardianship or otherwise lawfully restricted, and lists specific rights, including the right "to complain or raise concerns regarding the guardian or guardianship to the court."

Relatives also hear about major events. The guardian of an adult ward must inform the ward's spouse, parents, siblings and children who have elected in writing to receive notice (and who are not subject to a protective order protecting the ward or a finding that they abused, neglected or exploited the ward) as soon as practicable if the ward dies, is admitted to a medical facility for acute care for three days or more, changes residence, or stays elsewhere for more than one calendar week (§ 1151.056(a), (b)).

The court hears about the same events. Since September 1, 2025, a guardian of the person must notify the court as soon as practicable if the ward dies or is admitted to a medical facility for acute care for three or more days, and no later than the 30th day after the ward's residence or address changes or the guardian's own residence, address, phone number or other contact information changes (§ 1151.051(c)(6) to (8)).

Guardian of the estate: bond, accounts and reports

Texas's property-side role is the guardian of the estate. Its main safeguards:

• Bond. The court may not waive the bond requirement for a guardian of the estate, even if a surviving parent's will or written declaration asks it to (§ 1105.101(d)). A corporate fiduciary and a guardianship program operated by a county are not required to give a bond (§ 1105.101(b)).
• Inventory. No later than the 30th day after the guardian of the estate qualifies, unless the court grants a longer period, the guardian must file a full and detailed inventory of the ward's property that has come into the guardian's possession or knowledge (§ 1154.051(a)).
• Annual account. No later than the 60th day after the first anniversary of the date the guardian of the estate qualifies, unless the court extends that period, the guardian must file a sworn account with the court (§ 1163.001(a)).
• Guardian of the person's report. Once each year for the duration of the guardianship, a guardian of the person must file a report with the court (§ 1163.101(a)), due no later than the 60th day after the reporting period ends (§ 1163.102(c)).
• Refiling. Since September 1, 2025, if the court does not approve an annual account or annual report, it orders the guardian to file another within a period the order sets, no later than the 30th day after the order is entered (§§ 1163.051(e), 1163.104(a-1)).

A management trust under chapter 1301 is another way to protect property. A person interested in the welfare of an alleged incapacitated person who does not have a guardian is among those who may apply to create one (§ 1301.051(3)).

Temporary guardianship in an emergency

A Texas court must appoint a temporary guardian, with limited powers as the circumstances require, if it is presented with substantial evidence that a person may be an incapacitated person and has probable cause to believe that the person, the person's estate, or both require the immediate appointment of a guardian (§ 1251.001). Except as § 1251.052 provides, a temporary guardianship may not remain in effect for more than 60 days (§ 1251.151).

On the filing of an application for temporary guardianship, the court must appoint an attorney to represent the proposed ward unless independent counsel has been retained by or on behalf of the proposed ward (§ 1251.004). The hearing must be held no later than the 10th day after the application is filed, unless the proposed ward or the proposed ward's attorney consents to postpone it, for no more than 30 days after filing (§ 1251.006(b), (c)).

The exception in § 1251.052 covers a temporary guardian appointed while an application for guardianship is challenged or contested (§ 1251.051). That term ends at the earliest of the conclusion of the hearing on the contest, the date a permanent guardian qualifies, or the nine-month anniversary of the temporary guardian's qualification, unless the court extends the term by order after a motion and a hearing (§ 1251.052(b)).

How a Texas guardianship ends or rights are restored

A guardianship must be settled and closed when the ward dies, when the court finds the ward has full capacity, or sufficient capacity with supports and services, to care for himself or herself and manage the ward's property, or when the ward is no longer a minor, among the other events § 1202.001(b) lists. A request for an order under that section may be made by informal letter to the court (§ 1202.001(d)).

A ward or an interested person may apply to restore the ward's capacity or modify the guardianship (§ 1202.051(a)). The party who filed the application has the burden of proof at the hearing (§ 1202.151(b)). The applicant must present a written letter or certificate about the ward's capacity from a physician licensed in Texas or another professional § 1202.152 names (§§ 1202.152, 1202.1521). Except for an order that must set a date for an updated letter or certificate under § 1101.153(a-1), an order appointing a guardian may specify a period of not more than one year during which a petition to end the guardianship may not be filed without special leave (§ 1202.001(c)). Unless the ward retains an attorney, the court must appoint an attorney ad litem to represent the ward in a proceeding for complete restoration or modification (§ 1202.101(a)).

Alternatives to guardianship in Texas

Texas law requires alternatives to be weighed at several points: in the application (§ 1101.001(b)), by the attorney ad litem (§ 1054.004), by a court investigator where the court has one (§§ 1054.151, 1054.156) and in the court's findings (§ 1101.101(a)(1)(D), (E)). The statutory list of "alternatives to guardianship" in § 1002.0015 includes a medical power of attorney under Health and Safety Code chapter 166 and an agent under a durable power of attorney, among others.

Supported decision-making agreement. Estates Code chapter 1357 recognizes "a less restrictive substitute for guardianship for adults with disabilities who need assistance with decisions regarding daily living but who are not considered incapacitated persons for purposes of establishing a guardianship" (§ 1357.003). Key rules:

• The adult with a disability and the supporter must sign voluntarily, without coercion or undue influence, in the presence of two or more subscribing witnesses or a notary public; witnesses must be at least 14 (§ 1357.055).
• A person who receives the original or a copy of the agreement "shall rely on the agreement," and a person acting in good faith in reliance on it is not subject to criminal or civil liability and has not engaged in professional misconduct for that act (§ 1357.101).
• The agreement terminates if a temporary or permanent guardian of the person or estate qualifies for the adult, among other events § 1357.053(b) lists.

Powers of attorney. A durable power of attorney and a medical power of attorney are signed while a person still has capacity. The signing requirements are covered on our Texas power of attorney laws page. Free drafting tools are available for a Texas power of attorney and a Texas advance directive; a tool is not legal advice, and any document must be signed under the Texas rules on the power of attorney page.

Family consent to medical treatment. When an adult patient of a hospital, nursing home or home and community support services agency cannot communicate and has no legal guardian or medical power of attorney agent reasonably available, an adult surrogate may consent to medical treatment, in this order of priority: the spouse, the adult children, the parents, then the nearest living relative (Tex. Health & Safety Code § 313.004(a)). A surrogate may not consent to voluntary inpatient mental health services, electro-convulsive treatment, or the appointment of another surrogate decision-maker (§ 313.004(d)).

Federal benefits. Federal programs make their own appointments: the Social Security Administration decides whether representative payment is in a beneficiary's interest and appoints its own payee, and a legal guardian is one person it may choose rather than an automatic payee (20 C.F.R. § 404.2001(b)(2)); the guardianship hub covers the federal layer.

Moving to or from Texas with a guardianship

Estates Code chapter 1253 governs moving a guardianship between Texas and another state. For a move into Texas, a guardian appointed by a foreign court to represent an incapacitated person who is residing in Texas or intends to move here may apply to a court in the county where the ward resides, or will reside, to have the guardianship transferred to that court (§ 1253.051).

Texas guardianship at a glance

Related Texas pages

• Guardianship laws by state
• Texas power of attorney laws
• Texas child custody laws
• Texas grandparents' rights
• Texas probate

This article provides general legal information about Texas guardianship law, not legal advice. Guardianship cases turn on their facts and on local court practice. For advice about a specific situation, contact a lawyer licensed in Texas or the court that would hear the case.

Last updated: October 20, 2026.

Frequently Asked Questions

How do I get guardianship of my grandchild in Texas?

Any person may file a sworn application for guardianship in a court with jurisdiction and venue (Tex. Est. Code § 1101.001), and the child's parents must be personally served if their whereabouts are known or can be reasonably ascertained (§ 1051.103). If both parents have died and the last surviving parent did not appoint a guardian, the nearest ascendant in the direct line, such as a grandparent, is entitled to guardianship of the child's person and estate (§ 1104.052).

Can a relative care for my child in Texas without a court order?

A parent and an adult caregiver may sign a notarized authorization agreement under Texas Family Code chapter 34, which can cover acts such as consenting to the child's medical care, but not an abortion or emergency contraception (§§ 34.002, 34.004). It does not give the caregiver legal custody (§ 34.007), and a parent may not sign one without a court order in the situations § 34.004(b) lists, such as a pending suit affecting the parent-child relationship.

How long does a Texas authorization agreement last?

Six months from the date it is signed, renewing automatically for six-month terms unless it states an earlier expiration date, it is terminated under § 34.008, or a court authorizes its continuation under § 34.008(b) (Tex. Fam. Code § 34.0075).

Is conservatorship the same as guardianship in Texas?

No. In Texas, conservatorship is a Family Code term for custody of a child (Tex. Fam. Code § 153.131), while guardianship of the person or estate of a minor or adult is governed by Estates Code Title 3.

What must be proved to get guardianship of an adult in Texas?

The court must find by clear and convincing evidence that the proposed ward is incapacitated, that guardianship is in the person's best interest, that the person's rights or property will be protected, and that alternatives and available supports and services were considered and are not feasible (Tex. Est. Code § 1101.101). For an adult, incapacity must be shown by recurring acts or occurrences in the preceding six months, except in governmental-funds cases (§ 1101.102).

Does the person get a lawyer in a Texas guardianship case?

Yes. In a proceeding to appoint a guardian, the court shall appoint an attorney ad litem to represent the proposed ward's interests, including the proposed ward's expressed wishes (Tex. Est. Code § 1054.001).

How long does a temporary guardianship last in Texas?

Except as Tex. Est. Code § 1251.052 provides, a temporary guardianship may not remain in effect for more than 60 days (§ 1251.151).

Can a Texas guardian move a ward into a more restrictive care facility?

A guardian of the person may establish the ward's legal domicile, but except in an emergency may place the ward in a more restrictive care facility only after giving notice to the court, the ward and anyone who requested notice, and after the further steps Tex. Est. Code § 1151.051(e) sets out.

What is a supported decision-making agreement in Texas?

It is a less restrictive substitute for guardianship under Estates Code chapter 1357 for adults with disabilities who need help with daily-living decisions but are not incapacitated persons for guardianship purposes (§ 1357.003). It must be signed voluntarily before two or more witnesses aged 14 or older, or a notary (§ 1357.055).

How can a guardianship be ended in Texas?

A ward or an interested person may apply to restore capacity or modify the guardianship, the applicant carries the burden of proof, and the applicant must present a letter or certificate from a physician or another professional the statute names (Tex. Est. Code §§ 1202.051, 1202.151, 1202.152). A guardianship must also be closed when the ward dies, is found to have full capacity, or sufficient capacity with supports and services, to care for himself or herself and manage the ward's property, or is no longer a minor, among other events in § 1202.001(b).