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Contested Guardianships Attorney in Corpus Christi

In Texas, guardianship is the arrangement by which a child or incapacitated adult receives the care they need from an appointed guardian. The guardian has full decision-making authority over the ward’s healthcare, financial, legal, and personal matters. When a court establishes guardianship of a ward or estate, however, the decision may not be final. If the ward or another party feels the guardian should be someone else, or the ward no longer needs a guardian, the arrangement can be contested.

At Rothschild Law Firm, our contested guardianship lawyer understands how important it is that your loved one be properly cared for. Whether your goal is to transfer guardianship to yourself or someone else, change the terms of the guardianship, or terminate the guardianship entirely, we will develop an airtight litigation strategy to advocate for what you feel is best for your loved one. If you currently have a guardian and believe you no longer need one, we will represent you with a firm dedication to your freedom and best interests.

Call our lawyer at (361) 866-5437 today for compassionate support and skilled legal counsel.

Reasons a Guardianship May Be Contested

When a court appoints a guardian for a minor or incapacitated adult, the judge considers a wide range of factors in order to arrive at the most appropriate decision. Generally, the judge’s goal is to select a guardian who has the best intentions for the ward and is fully capable of providing high-quality care. However, evidence in the proceeding may not have been thoroughly considered, or new evidence that drastically changes the circumstances comes to light after the guardian has been chosen.

Guardianship may be contested if the chosen guardian allegedly:

  • Has a drug or alcohol addiction
  • Has committed a crime
  • Is emotionally, verbally, or physically abusive or neglectful
  • Is not financially capable of supporting the ward
  • Is generally unfit to care for the ward

Others contest guardianship because another person appears to be a better fit for the role, or the ward does not need such restrictive care.

Alternatives to Guardianship for Adults with Disabilities in Texas

By default, many courts appoint guardians for adults with disabilities. However, advocacy groups in Texas and throughout the United States fight for the decision-making rights of these adults. If you feel guardianship is not necessary for your adult ward or loved one, you can advocate for a host of alternatives. These options may give the adult an appropriate level of personal power while still ensuring they receive the care they need.

Options that may be more appropriate for adults with disabilities in Texas include:

  • Supported decision-making. The adult must enter this arrangement voluntarily. According to the Texas Estates Code, supported decision-making allows the adult to “make life decisions…without impeding the self-determination of the adult.” The arrangement does not allow the supporter to make decisions on the adult’s behalf.
  • Power of attorney. In Texas, you can choose from many different types of power of attorney. Generally, this gives one person the legal authority to make decisions on another person’s behalf. Medical power of attorney, for example, allows the agent to make medical treatment decisions on the person’s behalf, while general power of attorney gives greater authority over a broad range of matters.
  • Directive to Physicians. Also known as a living will, this document gives directions for medical treatment if the person’s condition becomes irreversible or terminal. Specifically, a Directive to Physicians tells health professionals whether to administer life-sustaining treatment.
  • Management or Special Needs Trust. A management trust is managed according to Texas Estates Code by a bank or trust company. A Special Needs Trust, on the other hand, gives a trustee complete decision-making power over the adult’s estate. Many establish the latter because it helps individuals with special needs qualify for government assistance, even if they have inheritances or other substantial assets.
  • Guardianship of the Estate. In this case, the guardian is responsible only for the ward’s assets, rather than their physical well-being and/or personal affairs.

These, among others, are potential alternatives to consider when contesting a guardianship. Our attorney will help you determine which protection is most appropriate for you or your loved one.

Contact Our Firm to Begin Developing Your Case

If you need to contest a guardianship, or someone is contesting your position as a guardian, we are ready to stand by your side with steadfast commitment to the best interests of you and your family. Because we understand how emotional these cases can be, we treat every client with the utmost sensitivity and respect. We will listen to your story and work to ensure the court hears it as well.

Schedule your consultation onlineor call (361) 866-5437 to speak to Attorney Rothschild as soon as possible.

Our Commitment to Excellence

  • AAML
  • Texas Academy of Family Law Specialist
  • Board Certified—Family Law, Texas Board of Legal Specialization
  • Super Lawyers

The Representation You Need

Backed By Experience & Reputation
  1. Our lead attorney is Board Certified in Family Law by the Texas Board of Legal Specialization, making him a specialist in his field.
  2. Nicholas V. Rothchild has over a decade of experience assisting families in need.
  3. Attorney Rothschild has been widely published in authoritative legal journals, the Texas Family Law Practice Manual and Texas Litigation Guide.
  4. Our firm prides itself in our ability to handle any family law case, no matter the issue, size or complexity.
  5. We prepare extensively for every single case. we do our research, hire experts, and use every resource at our disposal to achieve our clients' objectives as efficiently as possible.
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