You’ve just learned that someone has filed for guardianship over your parent, sibling, or other family member, and you know it’s wrong. Maybe your loved one is capable of making their own decisions, or perhaps less restrictive alternatives haven’t been considered. You might suspect the person seeking guardianship has ulterior motives, or you may believe you’re better suited to serve as guardian if one is needed. You need to act quickly because once guardianship is granted, your loved one loses fundamental rights that are difficult to restore.
Contesting a guardianship is your legal right and often the only way to protect someone from an unnecessary or inappropriate guardianship. At Strickland Law Firm, we represent family members who need to oppose guardianship applications in Harris County Probate Court. We understand the urgency and high stakes when someone’s independence and legal rights hang in the balance.
We’ve successfully contested guardianships and presented compelling evidence that guardianship was unnecessary or that our client was the better choice. Time is critical, and we’re here to act swiftly on your behalf.
In Texas, anyone with an interest in the proposed ward’s welfare can contest a guardianship application, including family members, friends, or the proposed ward themselves. Contesting means presenting evidence to Harris County Probate Court that guardianship is not necessary, that less restrictive alternatives would be sufficient, that the proposed ward has capacity, or that the person seeking guardianship is unsuitable.
The Texas Estates Code gives you the right to participate in proceedings, present evidence, cross-examine witnesses, and argue why guardianship should not be granted. The court appoints an attorney ad litem to represent the proposed ward’s interests. As a contestant, you can present medical evidence, testimony from people who interact with the proposed ward, and arguments about why guardianship is inappropriate.
Time is critical because once the court grants guardianship, the legal standard for terminating it is very high. It’s far easier to prevent an inappropriate guardianship than to undo one after it’s established.
We’ve represented family members in contested guardianship proceedings throughout Harris County. When you work with us, we:
You receive aggressive representation from attorneys who understand what’s at stake when someone’s freedom and autonomy are on the line.
There are many legitimate reasons to contest a guardianship application. The proposed ward may still have capacity to make their own decisions, even with occasional confusion. Less restrictive alternatives like powers of attorney or supported decision-making might provide adequate protection without removing rights. You might have evidence that the person seeking guardianship has a conflict of interest, has mismanaged affairs in the past, or doesn’t have their best interests at heart.
Family members sometimes contest because they disagree with the scope of guardianship requested—perhaps only limited guardianship is needed rather than full guardianship. Other times, multiple family members want to serve as guardian, and the court must decide who is best suited based on their relationship with the proposed ward, availability, and ability to fulfill guardian duties.
Medical evidence is often disputed. The applicant may present one doctor’s opinion of incapacity, but you may have contrary evidence from other physicians or therapists who work with your loved one regularly and see them functioning well.
When you contest a guardianship, we file a formal objection with Harris County Probate Court stating your grounds for opposition. The court schedules a hearing where both sides present evidence. You need medical testimony, witness statements, and legal arguments that meet the court’s evidentiary standards.
We’ll obtain medical evaluations supporting your position, gather testimony from people who can speak to the proposed ward’s capabilities, and prepare you to testify. If the proposed ward has capacity to participate, they can also testify about their wishes and decision-making ability.
The burden of proof is on the person seeking guardianship to demonstrate by clear and convincing evidence that the proposed ward lacks capacity and guardianship is necessary. Our job is to challenge that evidence, present contrary proof, and argue the applicant hasn’t met their burden. The court considers all evidence, the attorney ad litem’s recommendation, and the proposed ward’s preferences before deciding.
Sometimes the applicant seeks temporary guardianship while the full case is pending, claiming an emergency exists requiring immediate action. These temporary orders can be granted quickly with limited evidence, giving the temporary guardian immediate authority. If you’re contesting and learn that temporary guardianship is being sought, we need to act within days to oppose it and prevent your loved one from being placed under someone else’s control before the full hearing.
Temporary guardianships are supposed to be granted only when there’s a real emergency, but sometimes they’re requested as a tactical move. We fight temporary guardianship applications aggressively when they’re not truly necessary and work to have them dissolved if improperly granted.
Contesting a guardianship doesn’t always mean preventing it entirely. Sometimes the best outcome is modifying the guardianship to make it less restrictive—changing from full to limited guardianship, or having you appointed as guardian instead of the original applicant. The court has flexibility to craft orders that provide necessary protection while preserving autonomy.
In some cases, our opposition leads to settlement discussions where the family agrees on a guardianship arrangement or on Alternatives to Guardianship that everyone can support. Other times, our contest reveals the proposed ward doesn’t need guardianship, and the application is withdrawn or denied.
We understand that watching someone try to strip your loved one of their independence and legal rights is infuriating and frightening. You know they’re capable of making their own decisions, or that they don’t need the level of control guardianship would impose. The thought of them losing their freedom is unacceptable.
At Strickland Law Firm, we take guardianship contests seriously because individual liberty is fundamental. We provide aggressive representation with personalized attention, clear communication, and transparent flat-fee pricing so you can fight for your loved one’s rights without worrying about mounting legal bills.
on Alternatives to Guardianship that everyone can support. Other times, our contest reveals the proposed ward doesn’t need guardianship, and the application is withdrawn or denied.
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You should act immediately upon learning about a guardianship application. In Texas, you must file your contest before the guardianship hearing takes place, and these hearings can be scheduled relatively quickly—sometimes within a few weeks of the application being filed. The court is required to provide notice to certain family members, but if you’re not on the mandatory notice list, you might not learn about the application until very late in the process. Once you receive notice or otherwise learn about the pending guardianship, contact an attorney right away because we need time to investigate the situation, gather evidence, obtain medical evaluations if necessary, and prepare a compelling case for the hearing. If the applicant is also seeking temporary emergency guardianship, we may have only days to respond and prevent temporary orders from being entered. The bottom line is that guardianship contests are time-sensitive, and delays can cost you the opportunity to effectively oppose the guardianship or present yourself as an alternative guardian.
Successfully contesting a guardianship requires evidence that directly contradicts the applicant’s claim that guardianship is necessary. The most powerful evidence is medical testimony from physicians, psychologists, or other healthcare professionals who have evaluated the proposed ward and can testify that they have capacity to make decisions about their own care, finances, or both depending on the type of guardianship being sought. You’ll also want testimony from people who interact with the proposed ward regularly—family members, friends, neighbors, caregivers—who can describe their capabilities and decision-making abilities. If you’re arguing that less restrictive alternatives would be sufficient, you need to show that mechanisms like Medical Power of Attorney, financial powers of attorney, or supported decision-making agreements could provide adequate protection without guardianship. Documentary evidence such as bank statements showing responsible financial management, medical records indicating good compliance with treatment, or examples of sound decision-making all strengthen your case. If you’re not opposing guardianship entirely but rather arguing you should be appointed instead of the applicant, you’ll need evidence of your relationship with the proposed ward, your ability to serve, and any concerns about the applicant’s suitability such as conflicts of interest, past financial mismanagement, or poor relationship with the proposed ward.
Yes, the proposed ward has the absolute right to contest the guardianship application and participate in the proceedings, provided they have sufficient capacity to understand what’s happening and communicate their wishes. The court will appoint an attorney ad litem to represent the proposed ward’s interests, and this attorney will meet with them, investigate their situation, and make recommendations to the court. However, the attorney ad litem represents what they determine to be in the proposed ward’s best interests, which might not align with what the proposed ward actually wants. For this reason, the proposed ward can also hire their own attorney to advocate for their expressed wishes—to oppose the guardianship, to request a specific person as guardian, or to ask for limited rather than full guardianship. If the proposed ward is contesting the guardianship themselves, this is powerful evidence that they have capacity to understand their situation and make decisions about their own welfare. The court will take their testimony seriously and consider their preferences, though the judge ultimately decides based on all the evidence whether guardianship is necessary and appropriate.
If you contest a guardianship and the court determines that guardianship is necessary despite your opposition, several outcomes are possible. The court might grant the guardianship to the original applicant if they’re deemed suitable and the evidence supports the need for guardianship. Alternatively, the court might appoint you as guardian instead if you presented yourself as an alternative and demonstrated you’re better suited for the role. The court could also modify the guardianship to be more limited than what was requested, preserving more of the ward’s rights and autonomy based on evidence you presented about their capabilities in certain areas. If guardianship is granted to someone you opposed, you have the right to appeal the decision to a higher court if you believe the judge made legal errors or that the evidence didn’t support guardianship. After guardianship is established, you can also file future motions to modify or terminate the guardianship if circumstances change, if the guardian isn’t fulfilling their duties properly, or if new evidence emerges about the ward’s capacity. While losing a guardianship contest is disappointing, it’s not necessarily the end of your ability to advocate for your loved one’s rights and wellbeing.
The cost of contesting a guardianship depends on the complexity of the case, how much investigation and evidence-gathering is required, whether medical evaluations need to be obtained, and whether the case goes to a full contested hearing or is resolved through negotiation. At Strickland Law Firm, we believe in transparent flat-fee pricing rather than hourly billing, so you’ll know the cost upfront and won’t face surprise bills as your case progresses. During your free consultation, we’ll discuss your specific situation—whether you’re opposing guardianship entirely, proposing yourself as an alternative guardian, or seeking to modify the scope of the requested guardianship—and provide clear pricing information based on what your case will require. Factors affecting cost include whether expert witnesses or medical evaluations are needed, how many hearings will be required, and whether temporary guardianship is being contested in addition to the permanent application. While contesting a guardianship is a significant investment, the stakes are equally significant—you’re fighting to preserve someone’s fundamental rights and independence or to ensure they’re protected by the right person. We also discuss payment plans for families who need them, because financial concerns shouldn’t prevent you from protecting a loved one’s rights.
If someone has filed for guardianship over your family member and you believe it’s wrong, time is of the essence. The longer you wait, the harder it becomes to stop the guardianship or present an effective contest.
Call Strickland Law Firm today to discuss contesting the guardianship and learn how we can help protect your loved one's rights and independence. 📞 (832) 583-6551
