A guardianship takes legal rights away from an adult. Texas law treats it as a last resort, and the Estates Code puts the burden on the applicant to prove that a less restrictive arrangement won’t work.
Kreig LLC handles contested guardianships and guardian removals in Dallas County. We don’t set up routine uncontested guardianships, and if that’s what you need, we’ll tell you on the first call.
Texas Estates Code Section 1101.101(a)(1) requires clear and convincing evidence that the proposed ward is an incapacitated person, that a guardianship is in their best interest, that their rights or property will be protected by it, and that alternatives and available supports and services have been considered and determined not to be feasible.
Contested cases are usually won on those last two findings. A power of attorney that’s already in place, a supported decision-making agreement, a trust, or a care arrangement that is working can each be enough to defeat an application. Section 1101.101(b) says the court may not grant the application unless the applicant proves every required element.
When the person has some capacity but not full capacity, Section 1101.101(c) requires the court to state specifically whether the person lacks capacity, or lacks sufficient capacity with supports and services, to make decisions about residence, voting, driving, and marriage. Many cases that start as an all-or-nothing fight end with a limited guardianship.
Estates Code Section 1203.051 lets the court remove a guardian without notice on a defined list of grounds. They include failing to return an inventory within thirty days of qualifying, being absent from the state for three months or more without permission, being impossible to serve, and misapplying or embezzling guardianship property or engaging in conduct that amounts to abuse, neglect or exploitation of the ward.
Section 1203.052 covers removal after notice, and its grounds are broader. They include failing to file a required account or report, disobeying a proper court order, gross misconduct or mismanagement, the guardian’s own incapacity, and failing to educate or maintain the ward as liberally as the ward’s means and estate allow. The section also reaches a guardian who interferes with the ward’s participation in community programs.
Families often assume removal requires proof that money went missing. Under that last ground, a guardian who keeps the ward isolated can be removed even when the finances are in order.
All three sit on the 7th floor of the George Allen Courts Building, 600 Commerce Street, Dallas, Texas 75202.
Local Rule 2.01(a)(1) sends all mental illness cases to Probate Court Number 3 of Dallas County. Other cases are generally assigned at random among the three courts, with exceptions in Rule 2.01(a) for refiled cases and related proceedings.
Three more local rules come up often in a guardianship fight:
We don’t handle uncontested guardianship setup, annual reports or routine guardianship administration. Our work is the contested application, the opposition to one, and removal of a guardian.
If an application has been filed, bring a copy and the cause number, along with anything that shows the arrangements already in place. The first consultation is short and free.