Guardianship Litigation in Dallas, TX

A guardianship dispute in Dallas puts some of the most consequential decisions imaginable in front of a probate court judge: who should make medical choices for your parent, who controls their finances, and whether a guardianship should exist at all. These cases center on who should make medical and financial decisions for a parent, grandparent, or loved one who can no longer manage those decisions independently. The stakes are high, and the emotional weight is real.

If you’re facing a guardianship dispute in Dallas, our guardianship litigation lawyers at Ford + Bergner, LLP can help you protect what matters most. Call (214) 389-0887 or contact us online to schedule a consultation.

What Is Guardianship Litigation in Texas?

Guardianship litigation refers to any contested legal proceeding involving the appointment, removal, or modification of a guardian under the Texas Estates Code. A guardianship is established when a court determines that a person, known as the proposed ward, lacks the capacity to make decisions about their own health, safety, or finances. Litigation arises when the people involved disagree. That disagreement might be about whether a guardianship is necessary at all, who should serve as guardian, or whether an existing guardian is fulfilling their duties. These disputes are heard in probate court, and the outcomes carry lasting consequences for the person under guardianship and the family.

What Are Common Reasons for Guardianship Disputes?

The most common disputes involve one of the following scenarios:

• Competing petitions for guardianship: Multiple family members may seek to serve as guardians for the same person. This is common when an elderly parent develops Alzheimer’s or dementia, and two or more adult children each believe they’re the right choice.
• Objections to the guardianship itself: The proposed ward or another interested party may argue a guardianship isn’t necessary. Under Texas law, guardianship should be the last resort when no less restrictive alternatives, such as a power of attorney, are available.
• Guardian misconduct or neglect: Once a guardian is appointed, they owe fiduciary duties to the ward. If a guardian is misusing funds or failing to provide adequate care, interested parties can petition the court to intervene.
• Requests for removal or modification: As circumstances change, the scope of a guardianship may need to be adjusted. Chapter 1203 of the Texas Estates Code outlines the grounds for removing or replacing a guardian.

How Does the Guardianship Litigation Process Work in Dallas?

Guardianship litigation in Dallas County follows a structured legal process. It begins when an interested party files an application in probate court. The application must include detailed information about the proposed ward’s condition, the type of guardianship being sought, and whether alternatives were considered.

The court appoints an attorney ad litem to represent the proposed ward’s interests. A physician, psychologist, or an Advanced Practice Registered Nurse (APRN) must also provide a written evaluation of the proposed ward’s capacity, based on an examination conducted within 120 days of the application’s filing. The court then holds a hearing where all parties present evidence and testimony.

If the court finds a guardianship is necessary and the proposed guardian is qualified, it issues an order. That order may grant full or limited authority depending on the ward’s needs. The process can take several weeks to several months, depending on the level of disagreement.

What Are the Legal Grounds for Contesting or Removing a Guardian?

Texas law provides several grounds for contesting or removing a guardian under Chapter 1203 of the Estates Code:

• Failed to file required reports: Guardians must submit annual accountings and reports to the court. Failure to comply is grounds for removal.
• Mismanaged the ward’s estate: Financial mishandling, through negligence or intentional wrongdoing, can result in removal and personal liability.
• Became unable to serve: If a guardian’s own health or circumstances prevent them from performing their duties, the court can appoint a successor.
• Acted against the ward’s interests: Any conduct that puts the guardian’s interests above the ward’s is a basis for removal.

A guardianship can also be contested because it was never necessary. If the proposed ward has a valid power of attorney or supported decision-making agreement, the court may determine a less restrictive alternative is appropriate.

Why Families in Dallas Trust Ford + Bergner, LLP

At Ford + Bergner, LLP, our managing partner brings credentials that are rare in this field:

• Board Certified in Estate Planning and Probate by the Texas Board of Legal Specialization, a distinction held by fewer than 3% of licensed attorneys in Texas
• Appointed by the Chief Justice of the Texas Supreme Court to the Guardianship Certification Board, which oversees the regulation of professional guardians statewide
• Certified mediator through the Straus Institute at Pepperdine University, enabling resolution outside of court when that path serves the family better
• Over 6,300 clients served in estate and guardianship matters across Texas

FAQ: Guardianship Litigation in Dallas

Who Can File for Guardianship in Texas?

Any person can file an application. This includes family members, friends, and even government agencies or medical providers who believe a person is incapacitated and in need of protection.

Can a Guardianship Be Reversed?

Yes. A ward or interested party can petition the court to terminate or modify the guardianship if circumstances have changed. If the ward’s capacity has improved or a less restrictive alternative is available, the court may end the guardianship.

Does the Person Under Guardianship Have Any Rights?

Yes. A ward retains certain rights under Texas law, including the right to be treated with dignity, to communicate with family, and to petition the court.

Speak With Our Dallas Guardianship Litigation Team Today

A guardianship dispute doesn’t have to destroy your family. Whether you’re seeking to establish a guardianship, contesting one, or concerned about a loved one’s care, our Dallas guardianship litigation attorneys at Ford + Bergner, LLP are here to help you find a path forward. 

We’ve spent over 25 years handling these cases, and we understand both the legal and personal dimensions of what you’re going through. Call (214) 389-0887 or contact us online to schedule a consultation.