In 2025, Texas updated certain guardianship procedures and added new requirements affecting how some guardians care for older adults and individuals with dementia. These changes reflect continued efforts to strengthen oversight and improve protections in probate courts across the state. An experienced East Texas guardianship lawyer can help families understand how these updates affect their specific situation.
What Changed in Texas Guardianship Law in 2025?
Texas Senate Bill 746 and House Bill 3376, both effective September 1, 2025, updated guardianship provisions in distinct ways.
SB 746 refined the definition and role of guardians ad litem in guardianship proceedings and added civil liability protection for recommendations and opinions made in that capacity. Importantly, SB 746 did not make guardian ad litem appointments mandatory statewide. Courts may appoint guardians ad litem, but these appointments remain discretionary.
HB 3376 established mandatory dementia training requirements for guardians of wards who are 60 years of age or older, or diagnosed with Alzheimer's disease, dementia, or related disorders. These legislative updates clarify the best-interests role of guardians ad litem.
Attorney Ad Litem vs. Guardian Ad Litem
Texas guardianship law distinguishes between two important protective roles, and understanding the difference matters for families pursuing or defending against guardianship applications.
Attorney Ad Litem
Texas Estates Code § 1054.001 requires courts to appoint an attorney ad litem in proceedings for the appointment of a guardian. Think of the attorney ad litem as the proposed ward's lawyer. If the proposed ward agrees but prefers one family member as guardian over another, the attorney ad litem presents that preference to the court.
Guardian Ad Litem
The guardian ad litem serves a different function. Senate Bill 746 clarified that a "guardian ad litem" means a person appointed by a court to represent the best interests of an incapacitated person or proposed ward in a guardianship proceeding.
The guardian ad litem need not be an attorney. The statute prohibits the appointment of persons with interests adverse to the proposed ward, and generally, the attorney ad litem cannot also serve as guardian ad litem except in limited circumstances. After an investigation, the guardian ad litem might conclude guardianship is necessary for the ward's safety, even if this position conflicts with his wishes.
Why This Distinction Matters
Families often misunderstand these roles, expecting the attorney ad litem to tell the court what's "best" for their loved one. But the attorney ad litem must advocate for the proposed ward's expressed wishes, even when family members disagree with those wishes.
The guardian ad litem's role, as clarified by SB 746, provides a separate perspective, enabling the court to determine the action that will be in the ward's best interests. A guardian ad litem is not liable for civil damages arising from a recommendation or opinion given in that role.
New Dementia Training Requirements for Texas Guardians
House Bill 3376 established mandatory training for guardians appointed for certain individuals, adopted on December 19, 2025 and effective immediately.
Who Must Complete Training
Under HB 3376 and Rule 10.35, the training requirement applies to guardians of the person or guardians of the estate (or both) when the ward is either 60 years of age or older, or younger than 60 but diagnosed with Alzheimer's disease, dementia, or a related disorder.
Rule 10.35 includes several exemptions:
- Individuals certified under the Texas guardianship certification program are exempt.
- Licensed attorneys appointed as guardians are exempt from the dementia training requirement.
- Corporate fiduciaries acting as guardians receive an exemption.
- Someone appointed as a temporary guardian under Estates Code Chapter 1251 is exempt.
- Courts may waive the training requirement under circumstances identified in the implementing rules.
Training Timing and Triggers
Guardians subject to the requirement must complete initial training no later than the sixth month after appointment. Additional timing triggers apply in specific situations:
- Ward turns 60 during guardianship.
- Temporary guardianship is extended.
- Guardians appointed before July 1, 2026 must complete initial training no later than September 1, 2026.
HB 3376 requires recurring training, and Rule 10.35 implements it as training provided on the Commission's website, repeated at least annually until the guardianship terminates. After initial training, guardians must complete the one-hour training course at least once per year.
Training Content and Availability
The training course educates guardians on:
- Common aspects of aging
- Warning signs of dementia and Alzheimer's disease
- Effective communication strategies
- Effective strategies and resources.
The Judicial Branch Certification Commission provides the training course for free to guardians online via the commission's website. This eliminates cost barriers and makes compliance accessible for family members serving as guardians across Texas.
How These Changes Affect East Texas Families
Families pursuing Guardianships in Texas should understand how the 2025 updates affect their proceedings and responsibilities.
Probate courts may appoint guardians ad litem more frequently in complex cases involving family disputes, questions about undue influence, or situations where the proposed ward's expressed wishes conflict with apparent safety or welfare needs. The added liability protection encourages guardians ad litem to provide thorough, candid assessments.
For guardians appointed for individuals age 60 or older, or those with dementia diagnoses at any age, the six-month training deadline creates an immediate obligation unless an exemption applies. Families should factor this requirement into their planning when pursuing guardianship for someone in these categories.
The annual renewal requirement means ongoing compliance responsibility. Guardians must track training completion and maintain documentation for court reporting purposes, as probate courts now have an explicit statutory duty to monitor timely completion under HB 3376.
