F+B recently represented one of two daughters seeking guardianship of their elderly mother in Galveston County, Texas. In the case, F+B’s client had lived with her mother for the prior 3 years helping to take care of the ailing mother. During the time that they lived together, the mother’s condition had improved significantly, and the daughter had undertaken to make improvements to the mother’s home so that she had a safe environment.
During the same 3 years, the mother’s other daughter rarely visited her mother, despite living less than 30 minutes away. Regardless, the second daughter showed up one day and unilaterally removed the mother from the home and relocated her to the second daughter’s home without any notice to her sister. As a result of the second daughter’s action, a contested guardianship case ensued where the two daughters fought over becoming the mother’s guardian.
Ultimately, the parties each went to mediation where they were able to settle their disputes in a manner that ensure that both of the daughters were able to maintain contact with their mother. Additionally, the agreement focused on ensuring that the mother received quality care for the remainder of her life.
Guardianship litigation cases like this one generally involve disputes over both finances and the health and well-being of the incapacitated parent. F+B is frequently called upon to advise clients in navigating these issues for the benefit of a loved one.