Contested Guardianship Lawyer in Cypress
While a guardianship can provide many benefits for vulnerable individuals, some guardians are not up to the task of providing proper care and protection. If there is evidence that a guardian is unfit to care for the ward, you may have grounds to contest the guardianship and protect your loved one from a harmful situation. Contesting a guardianship in Texas can be a complicated legal matter requiring the experience and skills of a dedicated contested guardianship attorney.
At Stepp Law Firm PLLC our first-class attorneys are passionate about contesting unfit guardianships in Cypress, Texas, and across the United States. We understand how challenging and emotional this process can be for you and your family and can fight aggressively to defend your and your loved one’s rights and interests. When you partner with us, we can investigate your case and become a fierce advocate for a just resolution.
Reasons to Challenge a Guardianship in Cypress, Texas
While no two contested guardianship cases are exactly alike, many individuals seek to contest a guardianship because the ward’s current guardian is not the best person to care for their unique needs. There are many reasons a guardian may be considered unfit for the role, including:
- The ward has suffered neglect at the hands of the guardian, including the failure to provide adequate food, clothing, or housing
- The guardian was convicted of a crime
- The guardian misrepresented themselves or committed fraud
- The guardian stole the ward’s property or spent their money for the guardian’s own gain
- The guardian charged inappropriate and unreasonable fees to the ward’s estate
- The guardian failed to follow the court order detailing their duties and responsibilities
In most cases, you can challenge a guardianship before the appointment is made or after the guardian has already been established. If you contest the guardianship before a guardian is appointed, you and your Cypress contested guardianship lawyers can attend the hearing and present your concerns and evidence of the guardian’s wrongdoing. However, the process becomes more complex if you plan to contest the guardianship after the appointment. Your attorney can help you file a complaint with the court and prepare evidence to formally dispute the guardianship.
Evidence Required to Prove Your Claim
Whether you challenge the guardianship before or after the official appointment, you need evidence to support your claim. A few pieces of evidence that can establish the guardian’s incompetence include the following:
- Witness testimonies from neighbors, friends, or police officers
- The ward’s testimony that they can care for themselves without the guardian’s help
- Financial records
- Expert testimonies from financial and medical experts
- Medical records detailing injuries from abuse or neglect
- Medical records showing the guardian’s drug use
- Other types of evidence, such as photographs or video footage showing the abuse or neglect
At Stepp Law Firm PLLC, our Cypress contested guardianship lawyers are committed to thoroughly investigating your case so that we can gather and preserve evidence that can significantly increase your odds of a successful claim.
What Does the Court Consider When Determining if an Individual Is Fit to Be a Guardian?
Texas courts consider certain factors related to the guardian’s competency when appointing a guardian or deciding whether to remove one. A few factors that can help them determine if the ward will be safe with the guardian include the following:
- The relationship between the guardian and the ward
- The specific circumstances surrounding the ward’s condition
- Whether the guardianship is being enacted due to an emergency
- Whether the guardianship is permanent or temporary
- The guardian’s financial background
- The guardian’s physical and emotional stability
While the details above are among the most common that the court considers, other factors depend on the nature of the case. Your Cypress contested guardianship attorney can bring all relevant information to the court’s attention so the judge can decide whether the guardian is a right fit for the ward. If your case is successful, a new guardian may be appointed. However, in cases where the ward no longer needs care, the court may rule that a guardian is no longer required.
Contact a Trustworthy Cypress Contested Guardianship Lawyer at Stepp Law Firm PLLC
If you intend to contest a guardianship in Cypress, do not hesitate to contact a trusted attorney. The Cypress contested guardianship attorneys at Stepp Law Firm PLLC have over four decades of combined experience helping wards and those who care for them achieve favorable outcomes for their cases in Cypress, Texas, and across the United States. Our attorneys are committed to leaving no stone unturned as they investigate your case and fight for your loved one’s best interests. We have what it takes to fight aggressively on your behalf.
To learn more about how our seasoned attorneys can help you, give us a call at 713-336-7200 or complete our contact form today.