When a court appoints a guardian to take care of an individual or ward who cannot care for themselves, it is intended to be a solution that helps protect the vulnerable person’s well-being and safety. However, as circumstances change, it may become necessary to revoke the guardianship to protect the ward’s safety and interests. While revoking guardianship in Texas is possible, it can be a complex legal process.
If you are seeking to terminate a guardianship in Texas, it is essential to consult a skilled guardianship attorney. At Stepp & Sullivan, our attorneys have over 40 years of combined experience and a proven track record of successfully representing clients in Houston, Texas, and across the United States. We understand the unique intricacies of estate and family legal matters and are ready to apply our skills and expertise to your case.
When Can a Guardianship Be Revoked in Texas?
There are several circumstances in which a guardianship can be terminated in Texas. However, this requires a court appearance to discuss the grounds for termination. A few reasons a guardianship may be revoked in Texas include the following:
Sometimes, circumstances in a ward’s life can result in the end of a guardianship, including:
- The ward dies
- The ward regains the ability to care for themselves adequately
- The ward was a minor when the guardianship was established, and they turn 18
This is not an exhaustive list, and there may be other events that may result in the termination of a guardianship. Your attorney can help you understand whether there are grounds to revoke the guardianship.
If the ward is the victim of abuse or neglect at their guardian’s hands, the court may find the revocation of the guardianship in the ward’s best interests. Abuse can take many forms, including physical, emotional, sexual, or financial abuse.
The Ward’s Parents Are No Longer Incapacitated
If the ward is a minor, they may have been placed in the guardianship due to their parent’s inability to care for them. When parents recover and demonstrate their willingness and ability to care for the ward, the guardianship may be terminated, and parental rights may be restored.
Factors the Court May Consider During a Guardianship Termination Hearing
While terminating a guardianship requires less proof than establishing one, evidence must still be presented to the court through a hearing. Some factors the court may consider during the hearing include the following:
- The ward’s physical and mental condition
- The performance of the guardian
- Available alternatives, such as a less restrictive arrangement or a new guardian
- The ward’s wishes
Ultimately, the evidence presented must lead the court to conclude that guardianship is either no longer necessary or actively harmful to the ward. If you intend to file a petition to have a guardianship revoked in Texas, it is critical to consult a skilled attorney who can help you prove the guardianship should end and guide you through the complex legal process.
Discuss Your Case With a Highly-Qualified Guardianship Attorney
At Stepp & Sullivan, our attorneys are passionate about protecting what matters most to you. We have extensive experience handling guardianship cases and are ready to fight for your rights and interests. Our attorneys have impeccable attention to detail and can review every aspect of your case and advise you on your legal options. To learn more about how our talented team can help, schedule a free consultation today by calling (713) 677-2635 or completing our contact form.