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Houston 713-636-5339
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Contesting a Guardianship

Need to contest a guardianship? Phone us at (713) 636-5339 in Houston and (817) 442-2048 in Fort Worth to book a free, initial consultation with a Houston and Fort Worth lawyer experienced in contesting a guardianship.

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    "After my Mom passed away and her house was foreclosed on, Ryan of Conscious Dealz helped me get the excess funds from the foreclosure."

    He told me the amount I would receive at the beginning of the process. He also told me that I would never have to step inside of a court room, which I didn't want to due to the complex challenges of probate court. Ryan and his team worked very hard for me.

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    Keith and his team were fantastic. We had heard horror stories of the probate process but our experience was fast and ...

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    He researched my problem, consulted another expert just for a second opinion, and responded to me with the answers I needed. He is a SUPER PERSON.

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    "He was responsive and found the right resources for us."

    He helped my family navigate a unique probate and trust process right at the end of the year.

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Contesting a Guardianship in Houston & Fort Worth

Work with an Attorney Backed by 20 Years of Litigation Experience

A guardianship consists of taking on the responsibility to care for another person’s personal, financial, or medical needs because that person is unable to do so. Guardianships are commonly appointed by probate courts. They generally involve a legal guardian appointed to make these life decisions for a minor child whose parents are unfit or have passed away or an adult who is mentally or physically handicapped. The person cared for by the legal guardian is referred to as the “ward.”

When a guardianship is contested, it generally means that the person who was appointed or who is being considered for appointment is challenged by another party. This commonly happens when it is believed that the guardian has not properly fulfilled the role of legal guardian or is somehow unfit to do so. Anyone can challenge a guardianship, such as the ward, a family member, or any other interested party. Such an action would likely require the knowledge and court skills of an attorney experienced in guardianship and probate matters. At Keith Morris & Stacy Kelly, Attorneys at Law, we have represented clients in these matters since 2001.

How Is a Guardianship Contested?

Contesting a guardianship involves a lawsuit against the guardians presented to the court; even multiple parties can challenge a guardianship appointment. These challenges are generally based on the contention that the appointed guardian is unfit to care for the ward or has done something unethical in handling the ward’s affairs.

Examples of how a guardianship could be challenged can include:

  • The guardian is accused of improperly taking care of the ward, such as failing to provide personal necessities or proper medical attention.
  • The guardian is accused of some type of financial or other abuse against the ward such as siphoning off ward finances or assets for his or her own gain.
  • The guardian has neglected the ward in some aspect of the role.
  • The guardian has committed a crime for which he or she has been convicted.
  • The guardian has failed to properly follow the orders contained within the guardianship agreement.
  • The guardian has committed some type of fraud or misrepresentation.
  • The guardian has charged the ward’s estate excessive or inappropriate fees.

In making its decision as to whether to reverse a current guardianship that is being contested, the court will hold a hearing. At the hearing, it will hear evidence from the interested parties to make a determination if the guardian is or is not fit to carry on in his or her role. If the court decides to terminate the current guardian from the role, it will also have to determine if a new guardian should be appointed and who that guardian should be.

Why You Need a Houston & Fort Worth Lawyer Representing You in a Contested Guardianship

Where you are going to contest a guardianship or are a guardian whose role is being contested, you will be required to navigate the complications of the legal system. This includes petitioning the court, gathering and presenting evidence, and arguing your position before a judge. Having the services of an experienced litigator is indispensable if you wish to present the best possible case. At Keith Morris & Stacy Kelly, Attorneys at Law, we have built an outstanding reputation for competence in this field as demonstrated by our many legal industry awards and client referrals. We advise you to learn more about your case and how we can help in a free consultation.

Get knowledgeable legal advice by contacting us at (713) 636-5339 in Houston and (817) 442-2048 in Fort Worth today. 

Success that Speaks for Itself

Case Results
  • Dispute Resolved Estate Administration & Division of Assets

    Resolved highly contentious ongoing dispute over father’s estate and division of assets between son and daughter.

  • Dispute Resolved Estate Administration Case

    Successfully resolved case between two siblings fighting over cash and personal property of their father.

  • Hearing Won Evidentiary Hearing

    Won lengthy evidentiary hearing to prove client was not in contempt of court to avoid sanction or jail time.

  • Case Won Guardianship Case

    Won trial to exclude wife to serve as guardian of gentleman she married that was at least twice her age.

  • Six-Figure Settlement Reached Multi-Million Dollar Estate Case

    Obtained six-figure settlement after jury was seated for adopted child in multi-million dollar estate case after adoption was disputed.

Why Choose Attorneys Keith Morris & Stacy Kelly?

  • Extensive Experience

    With over 40+ years of combined legal experience, Keith Morris & Stacy Kelly devoted their efforts to sharpening their skills in probate, trust, and estate planning and litigation.

  • Aggressive Litigators

    Keith Morris & Stacy Kelly are proud to be the litigators that takes on the most complicated and difficult cases to court and getting their clients optimal results.

  • Free Consultations
    Your first free case evaluation with us can be done through video conference, phone call, or an in-person meeting.
  • Personalized Attention

    If you call our firm, we will personally pick up the phone and handle your case with the attention it deserves.

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Contact the firm today to discuss your case during a free consultation and explore your options.