How To Remove A Guardian
Serving as guardian, especially guardian of an estate, can be challenging. Not only do you have to manage your own life, but you also have to manage the life and affairs of another person. While most guardians attempt to balance these duties well, some fail – either by accident or intentionally. When a guardian fails in their duties, an opportunities exists to ask the court to remove the guardian, which generally involves litigation to demonstrate to the court that the person should be removed. Overwhelmingly, removal actions relate to allegations that a guardian has misused the money of the estate.
The Texas Estates Code has specific grounds for which an guardian can be removed. For instance, removal may occur if the guardian embezzles or misapplies the estate assets. Likewise, if the guardian commits gross misconduct or mismanagement of the estate, he may be removed. Similarly, if the guardian fails to account for the estate assets or leaves the state of Texas without providing contact information, he may be removed.
A removal proceeding is related to a guardianship case, but it is treated as a separate trial. The order removing a guardian can be appealed, and the Estates Code includes very specific elements that must be proved by the party seeking removal and included in the Court’s order of removal. For this reason, great care must be taken in pursuing these cases. Representation by attorneys who routinely handle these matters is very important.
The Guardianship Litigation attorneys at Ford + Bergner LLP have handled virtually every type of dispute related to removing guardians. We have represented guardians in defending against removal, and we have represented interested parties who have sought to remove guardians. If you believe that you may be involved in a proceeding to remove a guardian, please contact us.
Our Attorneys Handle Guardianship Litigation Effectively
The issues involved in every facet of guardianship litigation can often be very complex, and they generally require the expertise of someone who focuses in these areas exclusively. While many attorneys will attempt to tackle these cases, the wary client is wise to consult the advice of attorneys who handles these cases frequently.
The attorneys at Ford + Bergner LLP have worked on hundreds of guardianship litigation cases in counties all across Texas, and we would be glad to assist you should you have a need in this area. With offices in Houston, Dallas and Austin, our guardianship litigation attorneys handle cases throughout the state. Call 713-352-0937 or send an email to contact us.