Contesting a Guardianship

Contesting a Guardianship in Houston & Fort Worth

Work with an Attorney Backed by 20 Years of Litigation Experience

A guardianship consists of taking on the responsibility to care for another person’s personal, financial, or medical needs because that person is unable to do so. Guardianships are commonly appointed by probate courts. They generally involve a legal guardian appointed to make these life decisions for a minor child whose parents are unfit or have passed away or an adult who is mentally or physically handicapped. The person cared for by the legal guardian is referred to as the “ward.”

When a guardianship is contested, it generally means that the person who was appointed or who is being considered for appointment is challenged by another party. This commonly happens when it is believed that the guardian has not properly fulfilled the role of legal guardian or is somehow unfit to do so. Anyone can challenge a guardianship, such as the ward, a family member, or any other interested party. Such an action would likely require the knowledge and court skills of an attorney experienced in guardianship and probate matters. At Keith Morris & Stacy Kelly, Attorneys at Law, we have represented clients in these matters since 2001.

How Is a Guardianship Contested?

Contesting a guardianship involves a lawsuit against the guardians presented to the court; even multiple parties can challenge a guardianship appointment. These challenges are generally based on the contention that the appointed guardian is unfit to care for the ward or has done something unethical in handling the ward’s affairs.

Examples of how a guardianship could be challenged can include:

• The guardian is accused of improperly taking care of the ward, such as failing to provide personal necessities or proper medical attention.
• The guardian is accused of some type of financial or other abuse against the ward such as siphoning off ward finances or assets for his or her own gain.
• The guardian has neglected the ward in some aspect of the role.
• The guardian has committed a crime for which he or she has been convicted.
• The guardian has failed to properly follow the orders contained within the guardianship agreement.
• The guardian has committed some type of fraud or misrepresentation.
• The guardian has charged the ward’s estate excessive or inappropriate fees.

In making its decision as to whether to reverse a current guardianship that is being contested, the court will hold a hearing. At the hearing, it will hear evidence from the interested parties to make a determination if the guardian is or is not fit to carry on in his or her role. If the court decides to terminate the current guardian from the role, it will also have to determine if a new guardian should be appointed and who that guardian should be.

Why You Need a Houston & Fort Worth Lawyer Representing You in a Contested Guardianship

Where you are going to contest a guardianship or are a guardian whose role is being contested, you will be required to navigate the complications of the legal system. This includes petitioning the court, gathering and presenting evidence, and arguing your position before a judge. Having the services of an experienced litigator is indispensable if you wish to present the best possible case. At Keith Morris & Stacy Kelly, Attorneys at Law, we have built an outstanding reputation for competence in this field as demonstrated by our many legal industry awards and client referrals. We advise you to learn more about your case and how we can help in a free consultation.

Get knowledgeable legal advice by contacting us at (713) 636-5339 in Houston and (817) 442-2048 in Fort Worth today.