Guardianship Contest Attorney in DFW Texas | DFW Guardianship Lawyer

Common Guardianship Disputes in Dallas and Fort Worth

Every case is unique, yet many guardianship contests in the DFW area fall into one or more categories.

Removing a Power of Attorney for Misuse of Funds

A Power of Attorney must act in the best interest of the person they serve. If they are spending money for personal benefit, failing to keep proper records, or ignoring their fiduciary duties under Texas law, you may need to ask the Court to remove them.

Challenging an Unfit Guardian in DFW

If someone is seeking to become guardian in Dallas County, Tarrant County, Collin County, or another North Texas county, and they are not capable or trustworthy, you can contest their appointment. Unsuitability may come from past misconduct, poor judgment, or a clear conflict of interest.

Removing an Existing Guardian

If the Court has already appointed a guardian who is not meeting obligations, you can request the guardian be removed. Texas Courts prioritize the safety and well-being of the incapacitated person and will act when a guardian is not fulfilling required duties.

Do you see yellow or red flags concerning the care, treatment, or use of your loved ones assets?

Protecting Your Loved One Through the Texas Courts

A guardianship contest in Texas is a legal process used when there are serious concerns about the safety, finances, or well-being of a vulnerable loved one. Families in Dallas, Fort Worth, and the broader DFW area often pursue a guardianship contest when they believe someone is misusing authority or failing to meet their legal duties.

Guardianship disputes can take many forms, but they share one purpose. You are asking a Texas Court to intervene and protect someone who cannot fully protect themselves.

If you are in the Dallas or Fort Worth area and have concerns about the decisions being made for your parent or another family member, it may be time to speak with a DFW Guardianship Attorney. Common warning signs include the following questions:

Is the Power of Attorney using Mom’s money to pay for their own credit card?
Is the Guardian of the Person making proper decisions about Dad’s medical care, housing, or daily needs?
Is the Guardian of the Estate managing Mom’s assets responsibly and using every dollar for her benefit?

Protecting Your Loved One Under Texas Guardianship Law

Texas law provides strong protections for elderly and incapacitated individuals. A guardianship contest can stop misconduct, prevent future harm, and ensure that someone qualified and trustworthy is placed in charge of important decisions.

Your attorney will gather evidence, review financial records, interview witnesses, and present the case to the Court. Each step focuses on one outcome. Protecting your loved one.

How a DFW Guardianship Attorney Can Help

A guardianship contest can be emotional and complex. A DFW Guardianship Attorney can guide you through the legal process, file necessary motions, and advocate for your family in Court. This includes:

Investigating signs of financial abuse
Challenging improper decision making
Presenting evidence of neglect or misconduct
Helping select a qualified and appropriate guardian
Seeking emergency intervention when needed

If you believe your loved one is at risk, legal help can make the difference between ongoing harm and lasting protection.

Lori Ashmore Peters

Lori Ashmore Peters lpeters@ashmorelaw.com

20+ year Super Lawyer helping families in Dallas, HP & all DFW with Estate Planning, Probate, & Litigation

Helpful Information

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Contesting a Guardianship in Dallas Fort Worth

Protect your loved one with trusted legal guidance. Our DFW team handles contested guardianships, misuse of Power of Attorney, and challenges to unfit guardians throughout Dallas and Fort Worth.

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Top 10 FAQs About Guardianship Contests in Texas

1. What is a guardianship contest in Texas?

A guardianship contest is a legal challenge involving the appointment, actions, or suitability of a guardian. It allows family members or interested persons to ask a Texas Court to intervene when they believe someone is unfit to serve or is not acting in the best interest of the incapacitated person. This may include challenging a proposed guardian or seeking removal of an existing guardian.

2. Who can file a guardianship contest in Texas?

Any interested person may file, which includes family members, close friends, caregivers, or anyone who has a legitimate concern about the well-being of the proposed ward. Texas law also allows certain professionals, such as attorneys ad litem or guardians ad litem, to raise objections when misconduct is suspected.

3. What are common reasons to contest a guardianship?

Common reasons include financial abuse, misuse of funds, poor medical decisions, neglect, conflict of interest, self-dealing, or a history of misconduct by the guardian. Another frequent issue arises when a proposed guardian lacks the capacity, time, or judgment to properly care for the incapacitated person.

4. Can a Power of Attorney override a guardianship?

No. If the Court determines that guardianship is necessary, the guardianship will control over an existing Power of Attorney. The Court may also suspend or revoke the Power of Attorney if it is being misused. This often occurs when a Power of Attorney is engaging in financial misconduct.

5. How do I remove a guardian in Texas?

To remove a guardian, you must file a petition with the Court showing that the guardian is not fulfilling duties required under the Texas Estates Code. This may involve failing to provide proper care, mismanaging assets, not filing required reports, or abusing their authority. Evidence such as financial records, witness statements, and medical documentation is often required.

6. How does the Court decide who should serve as guardian?

Texas Courts follow a priority list that first looks at the wishes of the ward, then spouses, adult children, parents, and other relatives. However, the Court must always choose the person who is most suitable. If someone on the priority list has a history of financial abuse, criminal activity, or conflict of interest, the Court may bypass them and appoint someone else.

7. What evidence is needed to challenge a guardianship?

Strong evidence may include bank statements showing misuse of funds, medical reports of neglect, testimony from caregivers or medical providers, or proof of past criminal behavior. The Court will review all information to determine whether the guardian is acting in the best interest of the ward.

8. What is the difference between a Guardian of the Person and a Guardian of the Estate?

A Guardian of the Person makes medical and daily living decisions, while a Guardian of the Estate manages money, property, and financial matters. A guardianship contest may challenge one or both roles depending on the type of misconduct involved.

9. How long does a guardianship contest take in Texas?

The timeline varies based on the complexity of the case. Some urgent situations may lead to temporary orders within days, especially when financial abuse or health risks are present. A full contested guardianship case may take several months, depending on discovery, hearings, and the volume of evidence.

10. Can a guardianship contest stop financial abuse?

Yes. A guardianship contest can lead to temporary suspension of authority, appointment of a temporary guardian, or immediate Court orders to freeze accounts or restrict spending. Texas Courts take financial exploitation seriously and have tools to prevent ongoing harm.