Guardianship Litigation

Guardianship Disputes that Lead to Litigation 

Guardianship litigation cases usually result from disputes over who is the most appropriate person to serve as guardian. In some cases, litigation is a result of an allegation that an appointed guardian has neglected the ward, stolen the ward’s money, is abusing drugs or alcohol or is not fulfilling the court orders. 

Reasons to Remove a Guardian 

• Guardian using their powers to his/her advantage 
• Guardian is not fulfilling any of the responsibilities appointed 
• The guardian has been convicted of a felony 
• Guardian abuses drugs and/or alcohol 
• Guardian is stealing finances intended to be used for the ward 
• Guardian is commingling his/her money with the Ward’s

Who is an “Interested Person” in Guardianship Litigation 

The Texas Probate Code defines interested persons, as the people who may generally participate in either a probate or guardianship litigation proceeding.  Interested persons include: 

• Beneficiaries under a will 
• Children of an incapacitated individual 
• Parents and siblings of incapacitated individuals 
• Heirs 

Attorney Ad Litem & Guardian Ad Litem  

Once litigation starts in a guardianship proceeding, most probate courts will appoint an attorney ad litem – an independent attorney appointed to represent the ward in the litigation.  The attorney’s responsibility is to ensure that the ward’s interests are represented. 

The court may additionally appoint a guardian ad litem, who is another independent attorney who will investigate and determine what the best interest of the ward may be. This attorney can be asked to make a recommendation to the court as to the best interest and best course of action for the ward. 

Experienced Guardianship Attorneys 

Parvin Law Group has worked on guardianship litigation cases all across the state of Texas. We have the experience and are familiar with the issues in this type of litigation. If you or a loved one has found yourself in need of a guardianship attorney, it’s essential you have the expert guidance in your corner to get the best possible outcome for your loved one.