Decatur Family Law and Probate Attorney

How do you contest guardianship? 

On Behalf of | Jan 30, 2025 | guardianships

Many Decatur residents face tough choices when they need to challenge guardianship. Whether you disagree with a current guardian’s actions or believe a loved one no longer needs this oversight, Texas law gives you clear paths to contest these arrangements.  

What is a guardianship contest?  

When you challenge guardianship in Decatur, you ask the Wise County Probate Court to review the current arrangement. You can fight a new guardianship request or try to change or end an existing one. Texas law lets you file this challenge if you’re a family member, the protected person or someone with a direct stake in their care.  

How to contest guardianship  

The first step is to check if you can legally challenge the guardianship. Once you confirm this, you’ll need to take several key actions:  

  1. File your written challenge at the Wise County Probate Court 
  2. Get proof to back up your case 
  3. Find medical reports that show the person’s current health 
  4. Collect bank statements and other money records 
  5. Get statements from people who know the situation 

These documents help prove why guardianship should change. The court needs solid facts to make its choice.  

What happens next  

After you file your challenge, the court sets up a hearing date. At this meeting, you’ll explain your reasons for the contest. The current guardian can defend their role, and the judge weighs all the facts.  

The judge focuses on what’s best for the protected person. They look at:  

  • The person’s current mental and physical health  
  • Their ability to make choices  
  • How well the current guardian handles their duties  
  • Any proof of problems with the current setup  

The path through guardianship contests brings many legal twists. A local attorney who knows Texas guardianship law can guide you through each step. They’ll help you build a strong case and meet all court deadlines, improving your chances of success in the Wise County Probate Court.