Serving as a Guardian in Texas: Duties, Annual Reports, Accounts and Court Approval

Being appointed guardian is the start of the work, not the end of it. The Texas Estates Code sets deadlines for the inventory, the annual account and the annual report on the ward, limits what a guardian can do without a court order and gives the court several ways to remove a guardian who falls short. A missed filing is itself a ground the court can use to remove a guardian. A San Antonio guardianship lawyer can walk you through what the court expects, prepare the filings and answer the question before you act on it.

This guide explains what a guardian of the person and a guardian of the estate must do, when the inventory, accounts and reports are due, which steps need court approval, what can lead to removal, and how a guardian resigns. It is written for guardians and for family members who want to understand what a guardian owes the court.

What a Guardian of the Person Does

A guardian of the person is entitled to take charge of the ward, and the guardian’s duties correspond with the guardian’s rights. Under Section 1151.051 of the Estates Code, the guardian has:

• physical possession of the ward and the right to set the ward’s legal domicile;
• a duty to provide care, supervision and protection;
• a duty to provide clothing, food, medical care and shelter;
• the power to consent to medical, psychiatric and surgical treatment, other than inpatient psychiatric commitment;
• the power to sign employment-related documents, if the guardian has full authority or the court’s order with limited authority specifically gives that power; and
• with a court application and order, the power to set up a trust under federal Medicaid rules to qualify the ward for medical assistance.

Two of these rules catch families off guard. First, a guardian may transport the ward, or direct transport, to an inpatient mental health facility for a preliminary examination under Chapter 573 of the Health and Safety Code, but must immediately give the court written notice of any emergency detention application. Second, except in an emergency, a guardian may move the ward to a more restrictive care facility only after notifying the court, the ward and anyone who requested notice. If the ward or anyone else objects before the eighth business day after receiving notice, the move may go forward only after the court orders the placement at a hearing. If no one objects, the move may go forward after the seventh business day following the court’s receipt of notice, unless the court has set a hearing on its own motion before then (Section 1151.051(e)).

What a Guardian of the Estate Does

A guardian of the estate may possess and manage the ward’s property, collect debts, rent and claims owed to the ward, enforce obligations owed to the ward, bring and defend lawsuits by or against the ward, and access the ward’s digital assets as the Estates Code allows. In managing the estate, the guardian must follow Title 3 of the Estates Code (Section 1151.101). The guardian must care for and manage the ward’s property with the prudence a careful person would apply to his or her own assets, and must account for the income the estate would have produced under prudent management, and not only the income actually received (Section 1151.151).

Bond and Qualification

A guardian of the person or of the estate must give a bond, with these exceptions in Section 1105.101: a corporate fiduciary and a guardianship program operated by a county need not give one, and a guardian of the person named in a surviving parent’s probated will or written declaration may serve without bond if that document says so and the court finds the guardian qualified. The court cannot waive the bond for a guardian of the estate, even if a surviving parent asks for a waiver. The annual report on the ward must state that the guardian has paid the bond premium for the next reporting period, so a lapsed premium shows up on the next filing (Section 1163.101).

The Inventory

Within 30 days after qualifying, unless the court allows more time, a guardian of the estate must file a verified, complete and detailed inventory and appraisement of the ward’s property that has come into the guardian’s possession or that the guardian knows about (Section 1154.051). It must:

• list all of the ward’s real property in Texas and all personal property wherever located;
• say which property is separate and which is community, and the ward’s interest in property owned jointly with others; and
• state the fair market value of each item as of the date letters were granted, either by the guardian’s appraisal or with the help of a court-appointed appraiser.

Once the court approves the inventory and it is filed, it serves as the estate’s inventory and appraisement for all purposes under that title. A guardian who does not file an inventory and a list of known claims within 30 days after qualifying, unless the court extended the deadline, is subject to removal without notice (Section 1203.051).

The Annual Account

Unless the court extends the period, the first sworn account is due within 60 days after the first anniversary of the date the guardian qualified (Section 1163.001). It must:

• list every claim presented to the guardian, state which were allowed, paid or rejected, and which became the subject of a lawsuit;
• show property that came to the guardian’s knowledge since the last filing, and any change in the ward’s property;
• give a complete record of receipts and disbursements, including their source and nature, with principal and income listed separately;
• describe the property in detail, its condition and use, and any rental terms;
• state the cash on hand and the name and location of the depository; and
• describe personal property and securities in enough detail to identify them, including how and where they are kept.

After that, the guardian files an annual account until the estate is closed. Each account must show the estate’s true condition by starting with the balances carried forward from the last account, adding what was received and subtracting what was paid out (Section 1163.002). The guardian must attach a voucher for each credit claimed, an official letter from the depository showing the deposits, and proof that securities and other assets exist and are in the guardian’s possession (Section 1163.003). The proof can be a letter from the depository, a certificate from a corporate surety, a certificate from a court clerk or an affidavit from a person the court designates, and the court may require additional evidence (Section 1163.004). Keep receipts and statements as you go, because each credit in the account needs a voucher or other evidence the court finds satisfactory.

The Annual Report on the Ward

A guardian of the person must file a report with the court once a year for as long as the guardianship lasts. It includes a sworn written report of every receipt and disbursement for the ward’s support and maintenance, for the ward’s education when necessary, and for the support of the ward’s dependents when a court order authorizes it. It also includes a sworn affidavit that covers (Section 1163.101):

• the guardian’s and the ward’s contact information and the type of home where the ward lives, how long the ward has lived there and the reason for any change in the past year;
• the date the guardian last saw the ward and how often they met in the past year;
• whether the ward’s mental and physical health improved, worsened or stayed the same, whether the ward receives regular medical care, and each treatment or evaluation by a professional in the past year;
• the supports and services the ward receives, the steps the guardian is taking to promote the ward’s self-reliance, and the guardian’s opinion on whether the ward could be restored or the guardianship modified;
• the ward’s recreational, educational, social and occupational activities;
• the guardian’s evaluation of the living arrangements and the ward’s unmet needs;
• whether the guardian’s powers should be increased, decreased or left unchanged; and
• a statement that the guardian has paid the bond premium for the next reporting period.

The report also asks the guardian to note any application for emergency detention of the ward, with the number of times and the dates. The report is how the court learns how the ward is doing, so answer each item accurately.

Steps That Need Court Approval

Property of a ward may not be sold without a court order authorizing the sale, except as that chapter otherwise provides (Section 1158.001). A guardian also needs a court application and order to set up a Medicaid trust, and has to notify the court before moving the ward to a more restrictive facility, as described above. Other major steps, such as a substantial gift, an unusual investment or a settlement of a claim for the ward, may require approval, and the order that appointed you may add limits of its own. This guide does not list those steps because the rules differ by step, so ask a lawyer before acting.

When a Guardian Can Be Removed

The court may remove a guardian without notice, on its own motion or on the motion of an interested person, including the ward, for grounds such as these (Section 1203.051):

• failing to qualify on time;
• failing to file the inventory and list of known claims within 30 days after qualifying, unless the court extended the deadline;
• failing to post a new bond when required;
• being absent from Texas for three or more consecutive months without the court’s permission, or moving out of the state;
• being impossible to serve; and
• misapplying or embezzling estate property, abusing, neglecting or exploiting the ward, or failing to educate or maintain the ward as liberally as the ward’s means and the estate allow.

In a removal proceeding based on misapplication, embezzlement, abuse, neglect or exploitation, or inadequate care, the court must appoint a guardian ad litem and an attorney ad litem. Section 1203.052 lists grounds for removal after notice, including failing to file a required account or report, disobeying a proper court order about the guardian’s duties, gross misconduct or mismanagement, becoming unable to perform the duties, interfering with the ward’s progress or participation in community programs, and failing to meet certification requirements. If an interested person files a complaint, the guardian must be personally served with notice of the time and place to answer. A guardian who has a good reason for missing a filing should tell the court and ask for more time before the deadline passes.

Resigning as Guardian

A guardian who wants to resign must file a written application with the court clerk. A guardian of the estate attaches a complete, verified exhibit and final account showing the true condition of the estate, and a guardian of the person attaches a verified report with the information required in the annual report (Section 1203.001). If necessity exists, the court may accept the resignation immediately and appoint a successor, but it may not discharge a resigning guardian of the estate or release the sureties until a final order or judgment has been issued on the final account (Section 1203.002). The court may also order the resigning guardian to transfer part of the estate to a qualified successor guardian (Section 1203.003). Do not stop acting as guardian until the court has accepted the resignation. When a guardianship ends because the ward dies, recovers or turns 18, a different process applies, which our page on terminating a guardianship explains.

What This Means for Your Bexar County Case

1. Get a certified copy of the order appointing you and read it for any limits on your powers.
2. Confirm your bond is in place and the premium is paid for the coming year.
3. Calendar the 30-day inventory deadline, the 60-days-after-the-first-anniversary account deadline and the yearly report date.
4. Keep a separate ledger, with receipts and bank statements, for everything you spend from the ward’s money.
5. Before you sell property, move the ward to a more restrictive facility or make an unusual investment, ask whether you need a court order.
6. If you cannot meet a deadline, ask the court for more time before it passes.
7. If you are a family member with a concern, write down what you saw and gather the records before you contact a lawyer.

More About Guardianship Cases

These guides cover questions that often come up around serving as a guardian.

• Adult guardianship in Texas: how the case begins.
• Guardianship for an incapacitated parent: when an adult child steps in.
• Emergency guardianship: urgent protection for a vulnerable adult.
• Guardianship versus custody: probate court and family court compared.

Why San Antonio Clients Choose Barton & Associates for Guardianship Cases

Barton & Associates has tried Texas cases since 2001, and the family law team includes Duane Graeff, our managing attorney with more than 26 years in Texas state and federal courts, and trial attorney Désirée Flye. Guardianship compliance comes down to dates, records and honest reporting, so we start with the appointing order, the court’s file and your account history, tell you what the Estates Code requires and tell you plainly what each choice risks. We represent guardians, and family members who have concerns about how a guardianship is being handled.

We cannot promise a result. What we can do is tell you what the statutes require, what we recommend and what each choice risks. The first consultation is free and confidential. Our San Antonio office is at 115 Camaron Street, San Antonio, Texas 78205. You can get directions to our office before your visit. For the first meeting, bring what you can of the following, and call even if you cannot find everything.

• The order appointing the guardian and the letters of guardianship
• The inventory, the annual accounts and the annual reports on the ward
• Bank statements, receipts and records of the ward’s income and spending
• The bond and proof the premium is current
• Letters or notices from the court, the clerk or a court investigator
• Medical records and the names of the ward’s doctors and caregivers
• Any complaint, motion or objection that has been filed or threatened
• A calendar of your key dates and deadlines

Frequently Asked Questions

What does a guardian of the person have to do in Texas?

The guardian takes charge of the ward and has a duty to provide care, supervision, protection, clothing, food, medical care and shelter. The guardian may consent to medical, psychiatric and surgical treatment, other than inpatient psychiatric commitment (Estates Code Section 1151.051).

What does a guardian of the estate have to do?

The guardian possesses and manages the ward’s property, collects what is owed to the ward and must manage the estate with the prudence a careful person would use for his or her own property (Sections 1151.101 and 1151.151). The guardian also files the inventory, the annual accounts and any other reports the court requires.

When is the inventory due?

Within 30 days after the guardian of the estate qualifies, unless the court allows more time. It must be verified and list all of the ward’s Texas real property and all personal property, with values (Section 1154.051).

When is the first annual account due, and what goes in it?

The first sworn account is due within 60 days after the first anniversary of qualifying, unless the court extends the time. It covers claims, new or changed property, receipts and disbursements, cash on hand and the depository, and a description of personal property and securities (Section 1163.001).

What has to be attached to the annual account?

A voucher for each credit claimed, or other evidence the court finds satisfactory, an official letter from the bank or depository showing the deposits, and proof that securities and other assets exist and are in the guardian’s possession (Section 1163.003). The Code lists several ways to prove the assets, including a depository letter and a court clerk’s certificate (Section 1163.004).

What does the annual report on the ward cover?

A sworn report of receipts and disbursements for the ward’s support and a sworn affidavit about where and how the ward lives, the ward’s health and treatment, supports and services, activities, the guardian’s visits, the guardian’s evaluation and whether the guardian’s powers should change. It also states that the bond premium for the next period has been paid (Section 1163.101).

Is a bond always required?

Not always, but usually. A corporate fiduciary and a county guardianship program need not give one, and a guardian of the person named in a surviving parent’s will or declaration may serve without bond if the document says so. The court cannot waive the bond for a guardian of the estate (Section 1105.101).

Can a guardian move the ward to a nursing home or other care facility?

Except in an emergency, a move to a more restrictive care facility requires notice to the court, the ward and anyone who requested notice. If someone objects before the eighth business day after notice, the move may go forward only after the court orders it at a hearing (Section 1151.051).

Can a guardian sell the ward’s house?

A ward’s property may not be sold without a court order authorizing the sale, except as the chapter provides otherwise (Section 1158.001). Talk to a lawyer before listing the property or accepting an offer, because the court also decides whether the sale is for cash or on credit and whether it is public or private (Section 1158.001).

What happens if a guardian does not file the required reports?

The court may remove a guardian who fails to file a required account or report (Section 1203.052). Failing to file the inventory within 30 days after qualifying, unless the court extended the deadline, is a ground for removal without notice (Section 1203.051).

Can a family member ask the court to remove a guardian?

An interested person may file a complaint or motion. If the complaint seeks removal after notice, the guardian must be personally served with notice of the time and place to answer (Section 1203.052). In a proceeding based on abuse, neglect, exploitation, misapplication of property or inadequate care, the court must appoint a guardian ad litem and an attorney ad litem (Section 1203.051).

How does a guardian resign?

The guardian files a written application with the court clerk, with a verified final account for an estate guardianship or a verified report on the ward for a guardianship of the person (Section 1203.001). Keep acting as guardian until the court accepts the resignation. A guardian of the estate is not discharged until a final order on the final account (Section 1203.002).

What should I bring to the first meeting about serving as a guardian?

Bring the order appointing you, the letters of guardianship, the inventory, the accounts and reports you have filed, bank statements and receipts, proof your bond is current, and any notice from the court. Call even if some records are missing.

Talk With a San Antonio Guardianship Attorney

A guardian answers to the court every year, and a missed deadline or an unapproved step is easier to fix before the court asks about it. Speak with a guardianship attorney in San Antonio at Barton & Associates before you file a report, sell property or respond to a complaint.

Call our San Antonio office at 210-500-0000 or complete the online Free Consultation form to schedule a confidential meeting with a family law attorney in San Antonio. The office is at 115 Camaron Street, San Antonio, Texas 78205.

Main Category: Family Law
Practice Area Category: Legal Guardianship
Barton & Associates, Attorneys at Law
115 Camaron St, San Antonio, TX 78205
Office: 210-500-0000