Contested Guardianships: What Families Need To Know Before Filing

Navigating a contested guardianship can be challenging for families who are already dealing with the stress of a loved one’s declining health or capacity. In this article, we walk through what it really means to contest a guardianship in Texas, who has the right to do so, the most common reasons these disputes arise, what evidence courts rely on, and how proactive estate planning can help families avoid conflict in the first place.

What Does It Mean To Contest A Guardianship In Texas Probate And Family Courts?

A guardianship becomes necessary when someone becomes incapacitated and has not previously put a power of attorney in place. In those situations, families must go through a formal guardianship proceeding in probate court. A contest occurs when someone challenges whether:

• A guardianship is legally necessary at all, or
• The person applying to be a guardian is the right person to serve

Because guardianship removes significant rights from the individual, the court takes the process very seriously. Once a contest is filed, the case becomes a matter of litigation. Family members often find themselves in conflict, presenting competing applications and evidence. Judges evaluate medical capacity and weigh all available information before deciding what is in the proposed ward’s best interest under Texas law.

Who Is Legally Allowed To Contest A Guardianship In Texas Under State Guardianship Law?

Texas law allows any interested person to contest a guardianship. This casts a wide net and may include:

• Spouses
• Adult children
• Parents
• Siblings and other relatives
• Caregivers
• Agents under a power of attorney
• Close friends

The goal is to protect the proposed ward, not to protect anyone’s feelings or family dynamics. Guardianship disputes are often emotionally charged, but the law focuses on who is best suited to serve, not who has stronger feelings or personal preferences.

Aurelio Garza, founding attorney of The Law Office of Aurelio Garza PLLC in Texas, has extensive experience guiding families through complex guardianship disputes in both probate and family courts. Having represented countless clients in contested guardianships, he understands how emotional these cases can be, and what evidence truly matters when seeking to protect a vulnerable loved one. Aurelio’s deep knowledge of Texas guardianship law and strategic, compassionate approach help families navigate conflict with clarity and confidence.

If you are facing a potential guardianship dispute, contact Aurelio Garza today for experienced, effective legal guidance.

What Are Some Common Reasons Families Contest A Guardianship In Texas?

Most disputes stem from personality conflicts or disagreements about who should serve as guardian. Common reasons include:

• Siblings or relatives battling over who should control medical or financial decisions
• Concerns that a proposed guardian has mishandled funds or mistreated the ward
• Disagreements over whether guardianship is even necessary, particularly when less restrictive alternatives (like powers of attorney) already exist
• A family member seeking control despite existing legal documentation

Often, someone may be dissatisfied or feel excluded, and that tension fuels the dispute—not necessarily a legitimate legal concern.

What Evidence Is Required To Successfully Contest A Guardianship In Texas Courts?

To contest a guardianship, a person must show either that the guardianship is not legally necessary or that the proposed guardian is not the right person to serve. Courts look at several types of evidence, such as:

• Existing legal documents: powers of attorney, medical powers of attorney, advanced directives, revocable living trusts, other trusts, or supported decision-making agreements
• Evidence that a proposed guardian is unfit, such as financial exploitation, abuse, neglect, substance abuse, or concerning criminal history
• Conflicts of interest that could jeopardize the ward’s well-being
• Estrangement or the sudden reappearance of family members who previously had little involvement

How Can Families Prevent Future Guardianship Disputes Through Proactive Estate Planning?

Thoughtful estate planning is the best way to reduce the likelihood of contested guardianships. Key steps include:

• Signing a durable power of attorney and medical power of attorney
• Creating a revocable trust to manage assets during incapacity and after death
• Executing a Declaration of Guardian to clearly name who should serve if a guardianship becomes necessary

It is especially helpful when someone, while fully competent, names the same person consistently across these documents. Doing so removes guesswork and minimizes emotional disputes, making their intentions clear and reducing the likelihood of court battles later on.

Still Have Questions? Ready To Get Started?

For more information on contested guardianship, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (956) 513-1117 today.