In general, priority is given to family members and to the preferences of the incapacitated person.
If the proposed ward does not have any family members available to be their guardian, there are certain qualified third parties. These are known as "private professional guardians" who can be appointed by the court.
A guardianship must be created by the court through a formal appointment process.
In larger counties, the proceedings will be initiated in the Probate Court. For smaller counties that do not have a probate court, the County Court or County Court at Law will be the appropriate court.
According to the Texas Government Code and the Judicial Branch Certification Commission Rules, all guardianships in the state must be registered with the Judicial Branch Certification Commission (JBCC).