281-771-0560Contested Guardianship Attorneys in Pearland, TX
Helping Ensure the Validity of a Guardianship in Pearland, TX
A guardianship is a legal proceeding where a court appoints an individual to serve as a guardian and grants the authority to make decisions for another person (their ward). The guardian can control many aspects of their ward’s life, from medical treatment to living arrangements and financial decisions.
There are many reasons a guardianship may be contested. Some reasons may be valid, and others may require a more in-depth look and medical examinations. A contested guardianship can lead to significant delays in meeting the ward’s needs and is often extremely expensive. Delays can also put a potential ward in danger if they need immediate assistance.
It doesn’t matter why the guardianship is contested; if you are deciding to protect your family member against neglect, exploitation, harm, or abuse, the Hatchett Law Firm is here to help you get through the guardianship process. Contact our law office at (281) 214-6541 to find out if we are the right fit for you.
What is a Contested Guardianship?
A contested guardianship may arise when disagreements emerge regarding who should be appointed to care for someone unable to handle their own financial or personal matters. Proposed wards may include elderly people, people with disabilities, or people facing incapacitation due to illness or injury. Family members or other interested parties may challenge the need for guardianship itself or dispute who is best suited to take on the role.
These disputes often arise when family members or other interested parties challenge the need for guardianship or do not believe the proposed guardian is capable of the duties associated with legal guardianship.
Here are some common disputes that may arise during the guardianship process.
Disagreement over Incapacity
Family members may feel that the individual in question is capable of making their own choices or is not physically incapacitated, making guardianship unnecessary. This may require the expert opinion of a doctor to settle whether or not the potential ward needs a legal guardian.
Guardian Selection
If family members agree the individual does need help, they may disagree on who is the right guardian for the job. When multiple parties seek guardianship, it may lead to disputes between the parties. Some contests arise when the family or friends of the ward believe the proposed guardian is capable of abusing the potential ward financially, physically, or mentally.
How is a Contested Guardianship Handled in Court?
The court will require the Applicant to prove a guardianship is needed, and the party contesting the guardianship to prove why they disagree with part or all of the guardianship agreement. The court is most concerned with the well-being of the proposed ward and their best interests, and if they deem a proposed guardian unsuitable or determine the proposed ward is not disabled or an incapacitated person, they may modify or dismiss the guardianship.
These probate cases can become tedious and expensive, draining your resources and leading to heartache. Don’t attempt this legal matter alone; protect your loved ones with the help of an experienced attorney.
Do You Need a Contested Guardianship Attorney?
If you are trying to protect a loved one from an unfit legal guardian or attempting to settle disputes so that a loved one can be properly cared for, then the legal experience of The Hatchett Law Firm is here to help you with this and other legal needs.
With legal assistance from our team, you can settle the disputes involved in getting your loved one the help they deserve. Not all contested guardianships require litigation. Sometimes, these issues can be solved with mediation between you and the other family members involved.
Call (281) 214-6541 to speak with a member of our team. We aim to represent clients during these and other probate matters.