Evidence Needed to Contest a Guardianship

Evidence Needed to Contest a Texas Guardianship

Work with a Skilled Houston & Fort Worth Attorney for Guardianships

Guardianships are generally appointed by probate courts when minor children lose their parents through death or are deemed unfit or when an adult becomes too incapacitated either physically or mentally to care for his daily needs, finances, or medical care. Guardians are commonly other family members, such as spouses, adult children, or other relatives. Despite their family connections, legal guardians must be found by the court as eligible and qualified to fulfill their role in caring for the needs of their “ward.”

In some cases, an adult ward may assert that he or she is not incapacitated and has the mental or physical faculties required to care for daily needs or make other life decisions. In other cases, an interested party may want to make the case that the potential or current guardian has violated some aspect of the guardianship agreement which always involves acting in the ward’s best interests. If you wish to contest or defend a guardianship, you will have to go through the courts and this action will require that you present evidence backing up your claim. Doing so is best done with the legal and litigation skills of an experienced attorney. At Keith Morris & Stacy Kelly, Attorneys at Law, we have decades of practice in handling all probate matters, including contested guardianships.

What Evidence Is Needed to Support a Contested Guardianship?

No matter what your position may be in regard to a contested guardianship, you will have to petition the court, state your case, and present evidence backing up your legal position. If you are challenging the qualifications of the appointed guardian to care for the ward, you will have to prove that he or she has somehow violated the role of legal guardian.

Texas, like all states, has certain standards that a proposed guardian must meet in order to qualify for taking care of and controlling the ward’s life. Guardianship agreements will vary in how comprehensive they are; they may involve handling all life, medical, and financial affairs of the ward or only a limited aspect of these depending on the age and capabilities of their ward. Should a guardian fail to fulfill any of the guardianship terms, he or she may be challenged in court with evidence demonstrating this.

Evidence that is needed to back up your claim in a contested guardianship can come in the form of affidavits or testimony from witnesses such as neighbors, other family members, medical professionals, law enforcement, or other interested parties. This testimony may also come from the ward himself. Other evidence can include financial records and testimony from financial experts. Guardianships can be challenged on the basis of neglect, abuse, fraud, violent behavior, controlled substance abuse, and other assertions of failure to do what is in the ward’s best interests. If the ward is contesting the guardianship on the basis that he or she is not incapacitated, then medical evidence to that effect would need to be provided from professionals in an appropriate field of medical specialty.

Let Us Build & Present Your Case

Regardless of what side of the guardianship contest you are on, you will need to gather, document, and present solid evidence to the court that demonstrates your legal position. At Keith Morris & Stacy Kelly, Attorneys at Law, we have spent decades litigating cases in civil courts, including probate courts where guardianships are decided. We are here to ensure that those wards who are unable to protect themselves are protected and that wards who are not incapacitated are also protected by a firm application of the law. As a top litigation law firm serving Houston and Fort Worth, we encourage you to learn more about how we can help you navigate the legal system so that you have the best possible chance of a favorable result.

Reach out to a Houston & Fort Worth lawyer handling contested guardianships at (713) 636-5339 in Houston and (817) 442-2048 in Fort Worth today.