Contested Guardianship Cases in Austin, TX

A contested guardianship case arises when at least one party formally objects to who should serve as guardian, whether guardianship is needed at all, or the scope of authority being requested. These disputes proceed before a Travis County probate court judge, and the outcome directly determines who holds legal authority over another person’s life, health, and finances. The procedural stakes are high, and the timeline moves quickly once a petition is filed.

At Ford + Bergner, LLP, our attorneys represent individuals on all sides of contested guardianship proceedings in Austin and throughout Travis County. If you are facing a disputed guardianship matter, contact us today or call (512) 610-1100.

Why Guardianship Cases Become Contested

Disputes arise for many reasons, often when family members reach different conclusions about what is in a loved one’s best interest, or when the proposed ward disagrees with the petition entirely. Travis County probate courts take these objections seriously and require meaningful evidence before resolving them. When a temporary guardianship has already been granted on an emergency basis, an interested party may still appear before the court to challenge the appointment before it becomes permanent.

Common reasons guardianship cases become contested include:

• Multiple applicants: Two or more people petition to serve as guardians, and the court must weigh who is better suited.
• Objections to the proposed guardian: A family member, the proposed ward, or another interested party believes the petitioner is unfit.
• Disputes over necessity: Someone argues the proposed ward does not actually require a guardian and retains the capacity to manage their own affairs.
• Disagreements over scope: Parties disagree about whether the guardian should have authority over the person, the estate, or both.
• Allegations of prior misconduct: A proposed guardian’s history of financial mismanagement, neglect, or abuse may be raised as grounds for disqualification.
• Emergency or temporary guardianship challenges: A temporary guardianship granted without full notice may be contested by the proposed ward or an interested party who disputes the urgency or the petitioner’s qualifications.

Under Texas Estates Code Section 1101.001, a court may only appoint a guardian when it finds the proposed ward lacks the capacity to care for themselves or manage their property, and that guardianship is the least restrictive alternative available. That standard gives objections rooted in capacity evidence real weight before the court.

How We Approach Contested Cases

Contested guardianship litigation is procedurally complex and moves on a schedule that does not accommodate delay. Courts appoint an attorney ad litem to represent the proposed ward, and, in some cases, a guardian ad litem as well. Medical evidence, witness testimony, and financial records all become part of the record, and hearings can span multiple days.

Our attorneys build a clear, evidence-supported position from the outset, obtaining and organizing medical evaluations, preparing witnesses, responding to competing petitions, and presenting cases before Travis County probate judges who handle these matters regularly. Because our practice is limited exclusively to estate, trust, and guardianship work, we bring courtroom experience specific to this area rather than a general litigation background.

Grounds for Opposing a Guardianship Petition

If you believe a guardianship petition should not be granted, you have the right to appear in court and contest it. Texas courts take these objections seriously, particularly when the proposed ward has expressed their own wishes.

Valid grounds for opposing a guardianship petition may include:

• Lack of necessity: Evidence that the proposed ward retains sufficient capacity to make their own decisions.
• Less restrictive alternatives: A supported decision-making agreement, power of attorney, or other arrangement may be sufficient without court-ordered guardianship.
• Petitioner unsuitability: The proposed guardian has a criminal history, conflict of interest, or documented history of neglect or exploitation.
• Procedural defects: The petition was filed improperly, notice requirements were not met, or required evaluations were not completed.

Texas courts are required to investigate whether a less restrictive alternative to guardianship exists before granting a full guardianship. Raising that option as part of an opposition strategy can be decisive, and a petitioner or sitting guardian must present affirmative evidence supporting their appointment or continuation in that role.

When a Guardian’s Conduct is at Issue

Contested proceedings are not always about who should be appointed. In some cases, a guardianship is already in place, and an interested party believes the current guardian is failing in their duties. Texas courts have the authority to remove a guardian, modify an existing guardianship, or appoint a successor when circumstances warrant.

Under Texas Estates Code Section 1203.051, a court may remove a guardian without prior notice in urgent circumstances, including where the guardian has misapplied estate property, engaged in abuse or neglect of the ward, or cannot be located to receive service. A guardian facing removal must respond legally and on the record, and one found to have acted improperly can face personal liability for harm caused to the ward or the ward’s estate.

Why Ford + Bergner, LLP

Ford + Bergner, LLP has devoted 25 years of focused practice exclusively to estate, trust, and guardianship matters, and contested guardianship litigation is some of the most demanding work our attorneys handle. Our firm is a boutique practice, which means the attorney you retain is the attorney who appears in court on your behalf. Cases are not passed to junior associates, and clients have direct access to their attorney at every stage. 

Don Ford, the firm’s founding partner, holds Board Certification from the Texas Board of Legal Specialization in estate planning and probate, a distinction held by fewer than 3% of Texas attorneys, and our litigators are prepared to take contested matters through hearing and trial when the case requires it.

Frequently Asked Questions About Contested Guardianship in Austin

Can the Proposed Ward Object to Their Own Guardianship? 

Yes. A proposed ward has the right to retain their own attorney, appear at the hearing, and contest the petition directly. Texas courts consider the proposed ward’s preference and objections, and those objections carry significant weight when supported by evidence of retained capacity.

How Long Does a Contested Guardianship Case Take? 

The timeline depends on the complexity of the dispute, the number of parties involved, and the Travis County probate court’s docket. Contested cases routinely take several months and can extend considerably longer when medical evaluations, depositions, or multiple hearings are required.

What Happens If the Court Denies the Guardianship Petition? 

If a petition is denied, the proposed ward retains their legal rights. The court may suggest or order less restrictive alternatives, such as a supported decision-making agreement or a durable power of attorney, depending on what the evidence shows about the proposed ward’s needs.

Speak with Our Austin Guardianship Attorneys About Your Case

Contested guardianship cases move quickly once a petition is filed, and missing a response deadline or filing an incomplete objection can affect the outcome in ways that are difficult to reverse. Our attorneys at Ford + Bergner, LLP represent petitioners, objectors, and proposed wards in Austin guardianship proceedings with decades of focused estate and guardianship experience. Contact us today online or call (512) 610-1100 to speak with our team about your situation.