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Texas courts try to prevent mismanagement of a guardian through oversight. Guardians are required to submit annual reports about their ward’s condition and finances, and these reports are reviewed by court staff to catch early signs of trouble, like unexplained expenses or missed medical appointments. If a guardian fails to file these reports on time or submits incomplete information, the court may call them in for a hearing and demand an explanation.

In some cases, the court will appoint a monitor. This is especially common when there’s a high-risk situation, such as when a ward has such significant assets that there is a great temptation to steal or otherwise misuse. The court may appoint an attorney or a social worker to check on the ward’s well-being and the guardian’s actions on a regular basis. The monitor’s job is to immediately report neglect or mismanagement, or even the suspicion of it, to the court so an investigation can be triggered. This safety net is designed to catch problems before they escalate, but not every guardianship situation will have an appointed monitor right away. It’s important that family members and friends also keep up with monitoring the situation. If you notice a ward looking unwell or living in poor conditions, alert the court. 

Unfortunately, even the best of oversight is not foolproof. Sometimes failures slip through and aren’t caught until the harm is already done. For this reason, there are strict and serious consequences for guardians who fail in their duties, particularly when that failure is purposeful.

When a guardian’s actions are serious or ongoing, one of the first consequences is usually having their guardianship revoked entirely. This is a big step that is not taken lightly, not least of all because the guardian is often someone chosen by the family, and the court will not ignore the family’s wishes unless there’s a very good reason. However, if a guardian is constantly ignoring the orders of the court or has been stealing from the ward, they simply cannot continue in that position.

Removing a guardian starts with a hearing. At the hearing, evidence is presented and reviewed, and the guardian has a chance to defend themselves. If the court finds clear proof of failure, it will then appoint a new guardian to take over. There is often also a monitor appointed to help manage the transition carefully to avoid any unnecessary disruption to the life of the ward. In some cases, a temporary guardian steps in while a permanent replacement is found. Once a guardian has been removed, they will lose any fees that they were paid and will typically be barred from serving as guardian again.

If a ward has been harmed by the actions of a guardian, the court and the family can act to protect them. The court may, for example, order that the ward get immediate medical help. The court may seize the assets of the guardian to repay the ward or allow the state to tap into the bond, if there is one. A bond is a type of insurance that guardians are often required to buy, which is designed to cover just such situations.

Despite the best intentions of family and court, a guardian’s failure can have lasting effects on a ward: physical, emotional, and financial. For this reason, it’s very important to do everything possible to prevent guardianship issues before they start. The courts already have some of these prevention measures in place: before someone can be appointed as a guardian, the courts will check their background for financial issues or a criminal history, and guardians must take training on all their duties and report regularly to the court. The courts also often require guardians to post a bond to cover the losses if funds are mismanaged.

But it’s also key that the family be very cautious in appointing a guardian and act quickly if there’s any suspicion that a guardian is not taking their duties seriously and acting in the best interest of the ward.