When you think about taking responsibility for another adult or a child who can’t manage their own affairs, the idea of guardianship may come to mind. You might wonder: Can you file for guardianship without a lawyer in Texas? The short answer is yes, but the process isn’t always simple.
Guardianship involves serious legal and personal responsibilities. It gives you the authority to make decisions for someone who is no longer capable of doing so for themselves. In Texas, you can initiate this process on your own, but you’ll need to follow strict legal rules set out by the Texas Estates Code and local courts.
Let’s discuss what you need to know before deciding whether to represent yourself or seek legal assistance.
- What the Texas Law Says About Filing Without a Lawyer
- What Steps You’ll Need to Take Without a Lawyer
- Common Issues When You File Without Legal Help
- When Filing Without a Lawyer Might Be Reasonable
- When You Should Strongly Consider Hiring a Lawyer
- How Long Does the Process Take Without a Lawyer?
- Costs to Expect if You File on Your Own
- What Happens After You’re Appointed Guardian Without a Lawyer
- Can You End or Change a Guardianship Without a Lawyer?
What the Texas Law Says About Filing Without a Lawyer
Yes, Texas law allows you to file for guardianship without hiring a lawyer. The Texas Estates Code does not require you to have legal representation if you are filing as an individual. However, there are exceptions and limitations.
You can file pro se (on your own) if:
- You are seeking to be appointed guardian over another individual, and
- You are not representing someone else’s interest (like a minor’s estate or another party)
You cannot represent someone else unless you’re licensed to practice law. That means if you’re trying to file paperwork or make legal arguments on behalf of another person (not yourself), courts will usually require that a lawyer handle it.
If you’re only applying to become the guardian, you’re representing yourself, so the court may allow you to proceed without legal counsel. However, you’ll be held to the same legal standards as a lawyer would.
What Steps You’ll Need to Take Without a Lawyer
If you’re set on handling the process yourself, understanding the legal steps matters. Filing for guardianship without a lawyer in Texas involves several stages, and the court will expect accurate forms, deadlines, and procedures.
Here’s an outline of what you’re expected to do:
Submit an Application
File a formal application with the probate court in the county where the proposed ward (the person needing help) lives.
Pay Filing Fees
Expect to pay a filing fee, typically around $300 to $400, though this varies by county. Fee waivers may be available if you qualify.
Complete a Court-Initiated Investigation
After the application is filed, the court appoints an attorney ad litem to investigate whether the guardianship is necessary. This attorney represents the interests of the proposed ward.
File a Physician’s Certificate of Medical Examination (PCME)
This is required in adult guardianship cases. It must be completed and signed by a licensed physician no more than 120 days before your hearing.
Attend a Court Hearing
You’ll need to appear before a probate judge and present your case. You must show clear and convincing evidence that:
- The person is incapacitated
- A less restrictive alternative isn’t suitable
- You are qualified and willing to serve
Complete Required Training
Guardianship training courses are mandatory. These are often available online through the Texas Judicial Branch website.
Post a Bond
Depending on the type of guardianship, you may be required to post a bond as a condition of your appointment.
Common Issues When You File Without Legal Help
While you can file for guardianship without a lawyer in Texas, several common problems arise when people try to do it themselves:
- Incomplete or Incorrect Paperwork: Courts are strict about form requirements. Missing or misfiled documents can delay your case or lead to dismissal.
- Missing Deadlines: Guardianship cases involve tight timelines, especially for submitting physician evaluations and responding to court notices.
- Trouble Proving Incapacity: The burden is on you to prove that guardianship is necessary. Courts prefer less restrictive alternatives like supported decision-making or powers of attorney.
- Understanding County-Specific Rules: Each Texas county has its own local court rules. Not understanding them could derail your case even if you get the general state requirements right.
If you’re unsure about any of these steps, it may still be worth consulting an attorney briefly, even if you plan to handle most of the case yourself.
When Filing Without a Lawyer Might Be Reasonable
There are situations where handling the case without a lawyer may be realistic:
- The proposed ward agrees with the guardianship and won’t contest it
- There are no other family members who might object
- You’re familiar with court forms and filing requirements
- The guardianship involves only the person (not the estate or finances)
In these cases, the process may be straightforward, but you’ll still need to prepare thoroughly.
When You Should Strongly Consider Hiring a Lawyer
Even though Texas allows you to file without one, you should consider legal representation if:
- The guardianship is contested
- The proposed ward has significant assets
- You’re unfamiliar with legal paperwork
- There are multiple parties involved (e.g., divorced parents, estranged relatives)
- The guardianship involves minor children with complex custody situations
Attorneys can help you prepare stronger arguments, avoid mistakes, and anticipate issues the court may raise. For example, if someone disputes your guardianship claim, a lawyer can manage the legal defense that would be difficult to handle on your own.
How Long Does the Process Take Without a Lawyer?
Timelines can vary depending on the court’s schedule and how well you complete the requirements. On average, you might expect:
- Filing to hearing: 30 to 90 days
- Background checks and training: May take several weeks
- Physician’s certificate: Needs to be ready within 120 days of hearing
If your paperwork is accurate and there are no objections, the court may grant the guardianship at your first hearing. Any mistakes or disputes will delay the process.
Costs to Expect if You File on Your Own
Even without attorney fees, guardianship isn’t free. You may need to budget for:
- Filing fees (varies by county)
- Background check fees
- Physician exam costs
- Bond premiums (if required)
- Certified copies of letters of guardianship
In some cases, you can request a waiver of fees based on financial hardship. The court will require proof of income to grant one.
What Happens After You’re Appointed Guardian Without a Lawyer
Once the court approves your application, the responsibilities don’t end there. Whether you had a lawyer or not, you are now legally responsible for the ward’s well-being, and you must meet strict ongoing requirements set by the court.
If you filed without a lawyer, you’re still expected to complete the same post-appointment duties, which may include:
- Submitting a guardianship plan: You may be required to explain how you plan to care for and support the ward within 90 days of your appointment.
- Filing an inventory or financial report: If you’re managing the ward’s property or income, you must submit detailed financial reports.
- Annual report filings: Each year, you must provide an updated status report on the ward’s condition, care, and living arrangements. These are submitted to the probate court.
- Renewing training if needed: The court may ask you to update your certification or complete additional guardianship training if laws or your duties change.
Failing to meet these post-appointment obligations could lead to the court removing you as guardian. Even if you started the process without legal help, you may find it useful to consult an attorney down the line when managing these ongoing tasks becomes complex.
Can You End or Change a Guardianship Without a Lawyer?
Just as you can file for guardianship without a lawyer, you can also ask the court to modify or terminate an existing guardianship without legal counsel. However, this also involves a formal legal process that must be properly documented.
Here are situations where you might want to end or change a guardianship:
- The ward has regained the ability to care for themselves
- Another person is better suited to act as guardian
- You can no longer fulfill the role due to health or relocation
- The ward has passed away
To modify or end the guardianship, you’ll need to:
- File a petition for modification or termination in the same probate court where the original guardianship was granted.
- Notify all interested parties.
- Provide updated documents or evidence, such as medical records or a death certificate.
- Attend a court hearing if one is scheduled.
As with the initial filing, courts expect full compliance with deadlines and form requirements. If the change is likely to be contested, it may be wise to get legal advice before proceeding.
Bottom Line: Can You File for Guardianship Without a Lawyer in Texas?
Yes, you can file for guardianship without a lawyer in Texas. But it comes with responsibilities that you’ll need to meet with accuracy and preparation. The process is legal and possible, but not necessarily easy.
If your case is simple, uncontested, and involves no disputes, it may be realistic to handle it yourself. Still, you should weigh the risks of filing incorrectly against the cost of limited legal help.
A misstep in guardianship filings can lead to delays or denial, which may affect the person you’re trying to help. Always take your time to understand the rules before filing anything with the court.
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FAQs About Filing for Guardianship Without a Lawyer in Texas
No. You can only represent yourself. If you try to act on behalf of another person without a license to practice law, the court may reject your filings.
Not always. You can file yourself, but guardianship over a minor often involves more scrutiny, especially if both parents are involved or disagree.
You must schedule an exam with a licensed doctor and provide them with the official PCME form from the probate court or county website. The form must be submitted no more than 120 days before your hearing.
The court will likely schedule a contested hearing. At that point, it’s strongly recommended to have a lawyer help you present your case.
Some counties offer legal aid clinics or pro bono programs. You can check with local bar associations for referrals.
