Unfortunately, an application for guardianship is not always uncontested. Sometimes the proposed ward does not feel like a guardianship is necessary and sometimes the proposed ward is correct. Family members that are more interested in inheritance than in a ward's best interest can sometimes seek to take a person's money and freedom through a guardianship. In these instances, it is important to hire an experienced Texas contested guardianship attorney to represent the proposed ward and properly advise the proposed ward on how to fight an unnecessary guardianship.
In other situations, an inappropriate guardian may be more interested in their own benefit than in the ward's best interests. In these situations, a family member of the proposed ward can often step in to contest who the ward's guardian will be to ensure that the ward's best interests come first. In these instances, it is also important to hire an experienced Texas contested guardianship attorney to represent the interests of the ward and prevent an unfit guardian from being appointed.
Drive By Guardianships and the Race to the Court House
A proceeding for the appointment of a guardian for the person or estate, or both, of an incapacitated person shall be brought 1) in the county in which the proposed ward resides, or 2 ) is located on the date the application is filed or 3) in the county in which the principal estate of the proposed ward is located. If there are multiple counties where the application for a guardianship can be heard, then the place where the first application is filed controls. Combining this rule with 2) above, we have instances where a family member is brought for a visit for the purpose of filing for an application to get the proceeding in a local court. This can be convenient, but also can create races to the court house for different family members.
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Texas contested guardianship lawyer, Jason S. Coomer, works with families that are dealing with contested guardianship issues. He understands the guardianship issues and has been able to successfully defeat unnecessary guardianships. For more information on Texas Contested Guardianship Issues, feel free to use our Texas Contested Guardianship Lawyer Contact Form or please contact Austin, Texas Contested Guardianship attorney Jason Coomer.