Guardianship Litigation in Austin, TX

A guardianship dispute doesn’t just involve legal paperwork. It puts family relationships under real pressure. In Austin’s Travis County probate court, these cases move through a defined process, but the decisions made along the way can shape your loved one’s life for years to come.

If you’re involved in a guardianship dispute in Austin, you need a legal team that understands both the legal framework and the family dynamics at play. Our guardianship litigation lawyers at Ford + Bergner, LLP represent individuals, families, and interested parties across Texas. Call (512) 610-1100 or contact us online to schedule a consultation.

When Does a Guardianship Dispute Require Litigation?

Not every guardianship matter ends up in court. Many are resolved through agreement among family members or through alternative arrangements like powers of attorney or supported decision-making agreements. Litigation becomes necessary when the parties involved can’t reach an agreement.

This might happen when two siblings both want to serve as guardians for an aging parent, and neither is willing to step aside. It can also occur when someone believes a current guardian isn’t fulfilling their responsibilities. In some cases, the proposed ward objects entirely to the guardianship. When these disagreements can’t be resolved informally, the probate court steps in.

Who Can File a Guardianship Litigation Case in Texas?

Under Texas Estates Code Section 1101.001, any person can file an application to have a guardian appointed. The applicant doesn’t have to be a family member. Friends, neighbors, doctors, social workers, and government agencies can all initiate proceedings if they believe someone is incapacitated and at risk.

Once an application is filed, the court appoints an attorney ad litem to represent the proposed ward. The proposed ward also has the right to contest the application, attend the hearing, and request a jury trial. 

Texas law requires that a guardianship be established only as a last resort, and the court must consider less restrictive alternatives before appointing a guardian. This includes powers of attorney, supported decision-making agreements, and other arrangements that preserve the proposed ward’s autonomy to the greatest extent possible.

What Happens During Guardianship Litigation in Austin?

Guardianship litigation in Travis County follows a defined legal process. After the application is filed, the court orders a medical evaluation of the proposed ward. A licensed physician, Advanced Practice Registered Nurse (APRN), or psychologist must assess the person’s capacity and submit a written report based on an examination conducted no more than 120 days before the filing of the application.

A hearing is then scheduled, at which all parties present evidence and testimony. The court considers the proposed ward’s condition, the qualifications of any proposed guardians, and whether alternatives to guardianship are feasible. If the court determines a guardianship is necessary, it issues an order granting full or limited authority.

Throughout the process, the proposed ward’s rights are protected. Under Texas law, a person cannot lose their autonomy without clear and convincing evidence they lack capacity and no less restrictive option is available.

How Can You Protect a Vulnerable Person’s Rights in a Guardianship Dispute?

If you believe a loved one is being neglected, financially exploited, or otherwise harmed by their current guardian, Texas law gives you the right to take action. Under Chapter 1203 of the Estates Code, interested parties can petition the court to remove a guardian who has:

• Failed to comply with court-ordered reporting requirements: Guardians must file annual accountings. Repeated failures are taken seriously by the court.
• Mismanaged or misappropriated the ward’s assets: Financial exploitation by a guardian is one of the most common grounds for removal.
• Neglected the ward’s physical or emotional needs: If the guardian isn’t providing adequate care, the court can intervene and appoint a successor.
• Become disqualified from serving: Certain criminal convictions, conflicts of interest, or personal incapacity can disqualify a guardian.

Acting quickly when you suspect a problem can prevent further harm. The court takes these petitions seriously because the ward’s safety is always the priority.

Why Austin Families Choose Ford + Bergner, LLP

At Ford + Bergner, LLP, our guardianship litigation attorneys have been handling these cases across Texas for over 25 years. Our attorneys have represented guardians, wards, and family members on all sides of these disputes, giving us a full understanding of how these cases unfold from every angle. What sets our team apart:

• Our managing partner holds Board Certification in Estate Planning and Probate, a distinction earned by fewer than three percent of Texas attorneys
• Our managing partner was appointed by the Chief Justice of the Texas Supreme Court to serve on the Guardianship Certification Board
• We’ve represented over 6,300 clients in estate and guardianship matters
• Our team brings the courtroom experience and sensitivity these cases require

FAQ: Guardianship Disputes in Austin

How Long Does Guardianship Litigation Take in Texas?

It depends on the level of disagreement. A straightforward case with limited opposition may be resolved in a few weeks. Contested cases involving multiple hearings, medical evaluations, and evidentiary disputes can take several months or even longer. The timeline also depends on whether mediation is attempted before a full trial.

What Rights Does a Ward Have During a Guardianship Dispute in Texas?

A proposed ward has the right to receive notice of the proceeding, attend the hearing, contest the application, and request a jury trial. Even after a guardianship is established, Texas law protects the ward’s right to be treated with dignity, communicate with family, and petition the court if circumstances change.

Is Mediation Available in Guardianship Cases?

Yes. Many Texas courts encourage mediation as a way to resolve guardianship disputes without a full trial. Mediation can reduce conflict, lower costs, and preserve family relationships when both sides are willing to participate in good faith. We can guide families through mediation or litigation, depending on the circumstances.

Contact Our Guardianship Litigation Team in Austin

A guardianship dispute affects everyone in the family, and the person at the center deserves the strongest possible protection. Whether you’re filing for guardianship, opposing one, or seeking to remove a guardian, our Austin guardianship litigation attorneys at Ford + Bergner, LLP can help. Call (512) 610-1100 or contact us online to schedule a consultation.