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When someone steps in to make legal decisions for another adult, it’s not always a smooth or fair process. Guardianships in Texas carry serious power, and sometimes, that power lands in the wrong hands. A relative might rush to court with claims of incapacity. A sibling may feel shut out of decisions. In other cases, the person placed under guardianship may not even need one. Understanding how to contest a guardianship becomes essential when you believe someone’s rights or well-being are at risk. This kind of legal challenge gives families and concerned parties a way to speak up and push back when something doesn’t feel right.
What Is Guardianship in Texas?
Guardianship refers to a legal arrangement in which a court gives one person, called the guardian, legal authority to make decisions for another person, called the ward. Guardianships typically fall into two categories:
- Guardian of the person, who makes medical, housing, and personal care decisions
- Guardian of the estate, who manages the ward’s financial matters
Texas courts require clear proof that a proposed ward is legally incapacitated. This means the person cannot manage basic needs or financial decisions because of a physical or mental condition.
Guardianships aim to help people, but in some cases, they do more harm than good. That’s when a contest may be necessary.
Who Can Challenge a Guardianship?
Texas allows any interested person to file an objection. This includes:
- A relative or spouse of the proposed ward
- A friend or caregiver
- A medical provider
- A financial institution
- The proposed ward themselves
The objecting party must show they have a legitimate connection to the case and a valid reason for opposing the guardianship or the person selected as guardian.
Valid Grounds To Contest a Guardianship
Not every disagreement qualifies. The court will review objections based on clear legal grounds. Below are common reasons that courts take seriously.
The Proposed Ward Still Has Capacity
One of the most common objections involves capacity. If the person can still make informed decisions, the court should not assign a guardian. This typically requires a professional medical evaluation. Contesting parties can submit their own medical records or request an independent assessment.
Less Restrictive Alternatives Exist
Texas courts prefer options that respect individual rights. These may include:
- Power of attorney
- Joint bank accounts
- Medical proxies
- Supported decision-making agreements
If one of these less invasive alternatives works, a full guardianship may not be necessary.
The Guardian Is Unfit or Has Conflicts of Interest
A guardian must act in the best interest of the ward. When a proposed guardian has a criminal record, history of abuse, financial problems, or stands to gain personally from the arrangement, the court may reconsider the appointment.
The Guardian Has Abused Their Authority
In cases where a guardianship is already in place, someone can challenge it by showing evidence of abuse, neglect, or financial misconduct. The court may remove or replace the guardian if the claim holds up.
Procedural Errors Took Place
If the court failed to notify the right parties, skipped a required hearing, or ignored proper documentation, that could justify overturning the guardianship.
Steps To Contest a Guardianship in Texas
Step 1: Speak With a Probate Attorney
Texas probate law is procedural and document-heavy. While it’s possible to file without legal help, a probate attorney increases the chance of success. They can help prepare evidence, guide strategy, and appear in court.
Step 2: File a Written Objection
The first formal step involves filing a written objection with the court handling the guardianship case. This document must state:
- Who you are
- Your relationship to the proposed ward
- Your reason for objecting
- Any supporting evidence you plan to use
Courts often give a short window of time to object. It’s best to act quickly after receiving notice of the guardianship petition.
Step 3: Notify Interested Parties
The person filing the objection must send copies of the objection to all parties involved in the case. This includes the petitioner, the proposed guardian, the proposed ward, and possibly other relatives or involved parties. Texas law requires strict compliance with service rules, or the case may be delayed or dismissed.
Step 4: Attend the Court Hearing
The court schedules a hearing once the objection is filed. During this hearing, the objecting party presents their case. This may include:
- Witnesses
- Medical records
- Financial documents
- Personal statements
- Evidence of misconduct or capacity
The judge listens to both sides and evaluates what best protects the interests of the proposed ward.
Step 5: Wait for the Court’s Decision
After hearing the evidence, the judge may:
- Deny the guardianship entirely
- Appoint a different guardian
- Keep the original guardian in place
- Require further investigation
- Order a psychological or medical evaluation
The judge has wide discretion but must follow Texas Estates Code and the facts presented.
Contesting a Guardianship After Appointment
In some cases, guardianships are contested long after the initial hearing. Texas law allows removal or modification when new evidence arises. Common reasons include:
- Neglect or abuse
- Financial exploitation
- Failure to file required court reports
- Conflict of interest
- Guardian’s personal incapacity or relocation
Filing a Motion To Remove a Guardian
To start this process, the objecting party must file a motion with the same court that granted the guardianship. The motion should outline the reasons for removal and provide documentation that supports the claim.
Requesting a Court Investigator or Guardian Ad Litem
When serious concerns exist, the court may appoint a neutral third party to investigate. This could be a court investigator or guardian ad litem who will meet with the ward, speak with the parties involved, and report findings to the court.
Temporary Protective Measures
In urgent cases involving harm or exploitation, the court can grant temporary relief. This may involve:
- Emergency removal of the guardian
- Appointment of a temporary guardian
- Restraining orders to protect the ward
The court moves quickly in these cases to protect the ward’s immediate well-being.
Tips for a Strong Case
To build a convincing argument, keep the following in mind:
- Gather Medical Records
Submit evaluations from licensed professionals to show the ward’s capacity or needs. - Present Witness Testimony
Relatives, doctors, neighbors, or caregivers can add credibility. - Provide Financial Evidence
Bank statements, asset records, or signs of misuse help support claims of financial misconduct. - Stay Focused
Emotional appeals do not carry weight. Stick to facts and legal grounds. - Follow Court Rules
Missing a deadline or failing to serve papers correctly can sink the case before it starts.
What Happens If You Win?
If the judge agrees with your objection, the court may:
- Deny the guardianship
- Replace the guardian
- End the guardianship if no longer needed
- Order another round of evaluations
- Accept an alternative arrangement like power of attorney
Winning a contest does not mean automatic control or decision-making power. The court still decides what serves the ward’s best interest.
How Long Does the Process Take?
The timeline depends on the county, the facts of the case, and the availability of the court. A simple contest may resolve in a few weeks. Cases involving abuse, hearings, and investigations can take several months or longer.
Final Thoughts
Challenging a guardianship in Texas takes clear reasoning, solid evidence, and careful attention to legal rules. The goal is not to punish someone but to protect a person’s rights, dignity, and independence. Guardianship removes decision-making power. That power should only shift when it becomes truly necessary.
If someone files for guardianship without good cause, or if the wrong person holds too much control, Texas law gives you the right to challenge it. Use that right with care, and speak up when it matters most.
Other Related Articles:
- Understanding Temporary Guardianship In Texas
- Guardianship Of Incapacitated Adults In Texas
- Guardianship Of Veterans In Texas
- What assets do not go through probate?
- Estate Planning and Probate: Maximizing the Benefits of a Will
- 5 Common Misconceptions About Texas Probate and Estate Planning
- Executor Duties in Texas: A Comprehensive Guide
- The Basics of Texas Probate: A Guide for Executors and Heirs
- Unlocking the Mystery: How Long Does an Executor Have to Settle an Estate?
- Does an Executor Have To Show Accounting to Beneficiaries?
FAQs
Guardians in Texas have a significant responsibility to act in the best interests of the individual they represent. This includes ensuring that the individual’s needs are met, making decisions aligned with their well-being, and safeguarding their rights. The court provides oversight to ensure that guardians fulfill their responsibilities appropriately.
Yes, a guardianship in Texas can be contested. Contesting a guardianship involves challenging the appointment of a guardian, and it’s a legal process that should be approached with the assistance of an attorney who specializes in guardianship and probate matters.
Grounds for contesting a guardianship in Texas may include arguing that the alleged incapacitated person is not truly incapacitated, advocating for an alternative guardian, or alleging a lack of due process in the guardianship appointment process.
To contest a guardianship in Texas, you should seek legal representation, understand the grounds for contest, file a motion with the court outlining your objections, engage in the legal process, including discovery and potential trial, and follow the court’s decisions and appeals process if necessary.
It is highly advisable to have legal representation when contesting a guardianship in Texas. An experienced attorney can guide you through the complex legal process, protect your rights, and build a strong case on your behalf.
