Guardianships can be necessary and beneficial for protecting the well-being of vulnerable individuals. Unfortunately, this legal arrangement can become contentious when disputes arise over who should be the appointed guardian. In some cases, there may be concerns that the guardianship is unnecessary. Contesting a guardianship can be a challenging and emotional process. If you intend to challenge a guardianship in Texas, you need a seasoned attorney in your corner.
The knowledgeable guardianship attorneys at Stepp & Sullivan have over four decades of combined experience successfully contesting guardianships in Houston, Texas, and across the United States. We understand the stress you are under and are dedicated to guiding you through every step of Texas’ complex legal process. When you partner with us, you can have peace of mind that you have a highly-qualified and dependable advocate on your side.
Grounds for Contesting a Guardianship in Texas
There are many reasons a guardianship may be challenged in Texas. While every case is unique, many challenges are based on the guardian’s ability to care for the ward. A few common grounds for contesting a guardianship in Texas include the following:
- The guardian is neglecting the ward’s care by refusing to provide necessities or medical attention
- The guardian is accused of financial, physical, emotional, or sexual abuse against the ward
- The guardian has been convicted of a crime
- The guardian failed to follow orders outlined in the guardianship agreement
- The guardian committed fraud or another form of misrepresentation
- The guardian has charged excessive and unnecessary fees to the ward’s estate
The court will hold a hearing to decide if the grounds for challenging the guardianship are legitimate. During these proceedings, evidence may be presented to establish the guardian’s wrongdoing. If the court decides to terminate the guardianship, they determine if a new guardian is needed and who they should be. Your attorney can thoroughly investigate your case to gather evidence and fight for the ward’s best interests.
How to Contest a Guardianship in Texas
You can contest a guardianship before and after the guardian is appointed. If you plan to challenge before the guardian is appointed, you can appear at the hearing and present evidence to dispute the proposed guardian’s ability to care for the ward. A skilled attorney can prepare evidence and arguments for the hearing and file the necessary paperwork correctly and on time.
Contesting a guardianship after the guardian has been appointed is a more complex process. You will first need to file a complaint with the court. Then, they will either set a hearing or a trial to hear evidence and determine if the challenge is legitimate. If you seek to oppose the guardianship after it is already established, you have the following options.
- File a motion to set aside the order on the grounds of wrongdoing
- Ask the court to remove or replace the guardian due to their failure to perform the guardianship duties
- Ask the court to end an unnecessary guardianship
If you believe the ward is in imminent danger, your attorney can quickly request an emergency hearing to protect their safety.
Speak to a Trusted Guardianship Attorney at Stepp & Sullivan
If you are concerned about the safety or comfort of a vulnerable individual in Texas, do not hesitate to contact a skilled guardianship attorney. At Stepp & Sullivan, our dedicated attorneys find the abuse and neglect of legal guardians unacceptable and work tirelessly to contest the arrangement and protect the ward’s rights and interests. We tailor our approach to every case to ensure your unique concerns are heard and addressed.
To learn more about how our dedicated team can help you, schedule a free consultation today by calling (713) 677-2635 or completing our contact form.