When a family member needs a guardian, the process should be straightforward. But guardianship litigation in Texas often becomes complicated when family members disagree about whether someone truly lacks capacity, who should serve as guardian, or how the guardianship should be managed. These disputes strain relationships and drain resources. They can leave vulnerable individuals caught in the middle.
Understanding the types of guardianship litigation and your legal options helps you protect your loved one’s interests and navigate this challenging situation.
Why Choose Staubus, Blankenship, Legere and Walker PLLC for Guardianship Disputes
When guardianship disputes arise, you need more than general legal knowledge. You need attorneys who focus on these complex family matters. Staubus, Blankenship, Legere and Walker PLLC brings over 100 combined years of legal experience in probate, trust, and guardianship litigation. Our attorneys hold an AV rating from Martindale Hubbell, the highest available distinction. The firm has been ranked as a Tier One Best Law Firm in Dallas/Fort Worth for trust and estate litigation by Best Lawyers. Multiple attorneys on our team have been recognized as Super Lawyers and Rising Stars by Thomson Reuters.
Unlike larger firms that handle guardianship cases occasionally, we focus on estate, trust, and guardianship matters. This focus means we bring courtroom experience to contested guardianship cases. We understand the emotional complexity of family disagreements. One client described working with us on a hotly contested guardianship matter as bringing “a rare combination of effectiveness, reasonableness, and understanding” to their situation. Staubus, Blankenship, Legere and Walker PLLC handles guardianship disputes with the knowledge and courtroom experience that complex family disagreements require. Contact (214) 833-0100 to discuss your situation.
Contested Guardianships: When the Proposed Ward Objects
A contested guardianship occurs when the person for whom guardianship is sought argues that they are mentally competent. They claim they do not need a guardian. This situation arises more often than many people realize. Adult children may believe an aging parent lacks the capacity to manage their affairs. The parent insists they remain capable. Siblings may fight over who should serve as guardian. One family member may oppose guardianship altogether.
In Texas, the court must find clear and convincing evidence of incapacity before appointing a guardian. This is a high legal standard. The proposed ward can argue their mental competency. They can argue their ability to manage their own affairs. They can argue that less restrictive alternatives, like a power of attorney or healthcare proxy, would be sufficient. Medical evidence plays an important role. The petitioner must provide a doctor’s letter and often expert testimony about the person’s capacity.
Contested cases differ significantly from uncontested guardianships. The process takes longer. It costs more. It requires careful preparation of evidence. The court will hear arguments from both sides. The court makes a decision based on the evidence presented. Having an experienced guardianship attorney who understands how judges evaluate capacity claims can make the difference in the outcome.
Incapacity Disputes: Determining Who Really Needs a Guardian
Incapacity disputes often center on disagreement about what incapacity actually means. In Texas law, incapacity refers to a person’s substantial inability to provide food, clothing, or shelter for themselves. It includes the inability to care for their own physical health or manage their own financial affairs. This can result from dementia, Alzheimer’s disease, traumatic brain injury, mental illness, stroke, or developmental disabilities.
The person seeking guardianship must prove incapacity by clear and convincing evidence. This is a demanding standard. They must provide medical documentation, including a physician’s affidavit, medical records, and expert evaluation. When siblings or relatives have different opinions about a loved one’s capacity, these disputes can become emotionally charged and legally complex.
Texas courts prefer less restrictive alternatives when possible. Before appointing a full guardianship, judges consider whether a power of attorney, healthcare directive, or limited guardianship would adequately protect the person. These alternatives preserve independence while still providing protection. If someone regains capacity later, the guardianship can be removed through a restoration of capacity proceeding. This flexibility reflects the law’s recognition that guardianship is a serious step. It should be used only when necessary.
Emergency Guardianships: When Time Is Critical
Sometimes guardianship decisions cannot wait for a full court process. Emergency guardianships apply when immediate necessity and imminent harm exist. A temporary guardianship typically lasts up to 60 days. In limited situations, such as when a permanent guardian has not yet qualified, the court may extend this period beyond 60 days. The legal standard is high. The court requires substantial evidence of incapacity and urgent need.
The process moves quickly. An expedited court hearing occurs, often without full notice to the proposed ward. Once the emergency is resolved, the temporary guardianship can transition to a standard guardianship through a regular court process. However, family conflicts can arise even in emergencies. Some family members may believe emergency measures are truly necessary. Others question whether the situation is as urgent as claimed.
Real-world examples include sudden hospitalization, where immediate medical decisions are needed. Unexpected incapacity following an accident can trigger emergency guardianship. Situations where an elderly parent’s condition deteriorates rapidly also qualify. In these moments, having an attorney who can move quickly is important. Your attorney should protect your loved one’s interests.
Sibling Conflicts and Family Disagreements in Guardianship Cases
Guardianship disputes frequently pit siblings against each other. One sibling may want guardianship to protect a parent’s interests. Another opposes it, believing the parent remains capable. Disagreements arise over who should serve as a guardian. Each sibling believes they are the right choice. Financial interests sometimes complicate matters. One sibling may worry that another will misuse the parents’ assets.
The adverse interest concept becomes important in these situations. When a proposed guardian has financial or personal interests that conflict with the ward’s interests, courts scrutinize the appointment carefully. A sibling who stands to inherit may be viewed differently from one with no financial stake.
Family litigation affects the vulnerable person at the center of the dispute. They may feel caught between loved ones, feel confused about what’s happening, and feel distressed by the conflict. Mediation can help families resolve guardianship disagreements outside court. This preserves relationships while addressing legitimate concerns. When litigation becomes necessary, having an attorney ad litem or guardian ad litem to represent the ward’s interests ensures their voice is heard. Their needs are prioritized.
The Guardianship Litigation Process in Texas
Understanding the guardianship process helps you prepare for what lies ahead. The process begins with filing a petition. The petition includes specific information about the proposed ward and the reasons guardianship is needed. Notice requirements are strict. Certain family members and interested parties must receive notification according to Texas law.
Medical evaluation is essential. A physician must evaluate the proposed ward. They must provide a letter addressing their capacity. The court hearing is where evidence is presented. You’ll explain why guardianship is necessary, present medical evidence, and address any objections. The person seeking guardianship bears the burden of proof.
If the court appoints a guardian, financial requirements apply. For estate guardianships, the guardian must post a bond meeting surety requirements. The court must find that the proposed guardian is eligible and suitable to serve in the ward’s best interest. Once appointed, the guardian has ongoing duties. These include reporting to the court and managing the ward’s finances if it’s a guardianship of the estate. The guardian makes decisions in the ward’s best interest. If a guardian engages in misconduct or abuse, removal proceedings can be filed.
Frequently Asked Questions About Guardianship Litigation
What’s the difference between a guardianship of the person and guardianship of the estate?
Guardianship of the person involves making personal, medical, and lifestyle decisions for the ward. Guardianship of the estate involves managing financial assets and property. A court can appoint one guardian for both roles or separate guardians depending on the situation.
Can a guardianship be contested after it’s already been established?
Yes. If the ward regains capacity or the guardian engages in misconduct or abuse, the guardianship can be challenged. Removal proceedings or restoration of capacity petitions follow similar legal standards as the original guardianship case.
What happens if family members can’t agree on who should be guardian?
The court will decide based on the best interests of the ward. Factors include the proposed guardian’s relationship to the ward, financial stability, ability to manage the role, and any conflicts of interest. The court prioritizes the ward’s welfare over family preferences.
How much does guardianship litigation cost?
Costs vary based on case complexity, whether the guardianship is contested, and attorney fees. Typically, fees are paid from the ward’s estate if sufficient assets exist. Uncontested cases cost less than contested ones. Contested cases may require expert witnesses and extended court proceedings.
What are less restrictive alternatives to guardianship?
Power of attorney, healthcare directives, HIPAA authorizations, and limited guardianships allow decision-making without full guardianship. Courts prefer these when the ward retains some capacity. These alternatives preserve more independence while still protecting the person’s interests.
How long does guardianship litigation take?
Uncontested guardianships may be finalized in weeks. Contested cases can take months or longer, depending on the complexity and whether appeals are filed. Emergency guardianships move faster but may transition to standard guardianships that take additional time.
Contact Staubus, Blankenship, Legere and Walker PLLC About Your Guardianship Dispute
Family disagreements about guardianship require prompt legal attention. The longer disputes continue, the more they affect your loved one. They drain family resources. Staubus, Blankenship, Legere and Walker PLLC is ready to discuss your guardianship situation. We help you understand your options.
When you contact us, you’ll speak with our team of attorneys who have handled contested guardianships, incapacity disputes, and family conflicts. We serve Dallas, Plano, Richardson, and surrounding North Texas communities. Our firm offers consultations to discuss your specific situation and answer your questions about the guardianship process.
Contact and call (214) 833-0100 today to schedule your consultation. Let our experience guide you through this challenging time.
Call Us
Email Us