Guardians hold serious legal responsibilities, and Texas law does not tolerate misuse of that role. If a guardian abuses their authority or fails to perform required duties, the court has structured mechanisms for removal. Here’s how the process unfolds.
What constitutes misconduct?
Misconduct may include mismanaging finances, failing to file required reports, or neglecting the ward’s health or safety. Unauthorized decisions, particularly those that violate court orders or the ward’s rights, also raise red flags. Courts consider patterns of irresponsibility, not just isolated errors.
Who may initiate removal?
Removal proceedings can be initiated by the ward, concerned family members, an attorney ad litem, or the court itself. A formal petition must outline the alleged misconduct and present reasons why removal is in the ward’s best interest.
What occurs during the hearing?
The court evaluates documentation, financial records, testimony, and previous compliance with court directives. The guardian has the opportunity to defend their actions. The burden is on the petitioner to demonstrate that continued guardianship poses a risk to the ward or their estate.
What actions can the court take?
If the court finds the guardian has breached their duties, it may revoke guardianship and appoint a successor. In addition, the guardian could be ordered to repay misappropriated funds or submit delayed reports. The court may also restrict future appointments or mandate additional training.
Can the decision be contested?
Yes. The removed guardian may appeal the decision, but appellate courts prioritize expediency when a ward’s well-being is at stake. The original court order often remains in effect during the appeal process.
Guardianship exists to protect individuals who cannot manage their own affairs. If that protection fails, the law provides a corrective path. Knowing your rights ensures timely action that safeguards vulnerable individuals from further harm.
