Guardianship is meant to protect those who are unable to care for themselves, whether due to age, disability, or incapacity. In Texas, as in many states, courts appoint guardians to make critical decisions on behalf of individuals who cannot manage their personal, financial, or medical affairs. Ideally, guardianship ensures that vulnerable individuals are cared for and their interests safeguarded.

But what happens when a guardian abuses their power? What if they mismanage finances, neglect their ward’s needs, or restrict personal freedoms beyond what is necessary? Guardianship grants significant authority, and in some cases, that authority can turn into overreach—leaving wards feeling trapped, voiceless, or even exploited. When this happens, one question looms large: Can you sue your guardian?

Understanding Guardianship in Texas: What It Is and How It Works

Before diving into the issue of lawsuits, it’s important to understand how guardianship works in Texas. The process begins when someone (often a family member, friend, or government agency) files a petition with the court, arguing that an individual—referred to as the ward—is unable to manage their own affairs. If the court agrees, a guardian is appointed to handle the ward’s finances, healthcare, living situation, and legal decisions.

Texas law recognizes two primary types of guardianship:

1. Guardianship of the person – This grants the guardian authority over the ward’s daily life, including medical decisions, living arrangements, and overall well-being.
2. Guardianship of the estate – This involves control over the ward’s financial matters, including managing assets, paying bills, and handling legal or business transactions.

The level of control a guardian has depends on whether the court establishes full guardianship (where the ward has no decision-making power) or limited guardianship (where the ward retains some autonomy). Ideally, courts aim to preserve as much independence as possible, but in reality, many guardianships result in near-total control over a person’s life.

When Guardians Overstep: Common Forms of Abuse and Neglect

Most guardians act in good faith, ensuring their wards receive proper care and protection. However, some abuse their power, leading to devastating consequences. Some of the most common forms of guardian misconduct include:

• Financial exploitation – A guardian may mismanage a ward’s funds, embezzle money, or make unauthorized purchases with their assets.
• Neglect – Some guardians fail to provide necessary medical care, living assistance, or emotional support, leaving their wards in distressing conditions.
• Excessive control – Overreach can occur when guardians impose unnecessary restrictions on a ward’s freedom, such as limiting their ability to communicate with family, controlling their movements, or making personal decisions on their behalf without justification.
• Self-dealing – In some cases, a guardian might benefit personally from their position, such as living in the ward’s home rent-free, profiting from financial transactions, or making decisions that serve their interests over the ward’s well-being.

These abuses are particularly concerning in cases where the ward never wanted or needed guardianship in the first place but was placed under one due to a court’s decision. Elderly individuals, disabled adults, and those recovering from temporary incapacitation (such as a medical condition or injury) are especially vulnerable to these issues.

Legal Options: Can You Sue Your Guardian in Texas?

The short answer is yes, a ward can sue their guardian under Texas law. However, the process can be complex, particularly if the guardian is court-appointed. Because guardianship is a legal status granted by the court, any attempt to challenge or sue a guardian must go through the legal system.

Here are the main ways a ward (or concerned family members) can take legal action against a guardian:

1. Filing a Complaint with the Court

Since guardianship is a court-supervised arrangement, the first step in addressing abuse or misconduct is filing a formal complaint with the probate court that appointed the guardian. The court has the authority to:

• Investigate allegations of misconduct
• Require the guardian to provide financial and care records
• Issue warnings or corrective measures
• Remove the guardian and appoint a new one

This is often the fastest and most direct way to address a problem without engaging in full-blown litigation.

2. Requesting Guardian Removal or Modification

If the guardian is unfit or has demonstrated negligence or abuse, a ward or an interested party (such as a family member or friend) can petition the court to remove or replace the guardian. The petitioner must provide evidence showing:

• The guardian has misused the ward’s finances
• The guardian has failed to meet their responsibilities
• The guardian is abusing or neglecting the ward
• A more suitable guardian is available, or the ward no longer needs a guardian

If successful, the court may appoint a new guardian or restore certain rights to the ward, depending on the circumstances.

3. Filing a Civil Lawsuit for Damages

If a guardian has caused financial harm, emotional distress, or physical neglect, the ward may be able to sue the guardian in civil court. This can result in:

• Monetary compensation for lost assets, medical costs, or emotional suffering
• Restoration of property that the guardian wrongfully took
• Legal accountability for the guardian’s misconduct

However, because guardianship is a court-appointed role, lawsuits against guardians often require additional legal steps, including permission from the probate court.

4. Criminal Charges for Fraud or Abuse

In cases of severe misconduct, such as financial exploitation or neglect leading to harm, a guardian may face criminal charges. Family members or the ward can report abuse to:

• Texas Adult Protective Services (APS)
• Local law enforcement
• The probate court overseeing the guardianship

If found guilty, a guardian can face criminal penalties, including fines, restitution, and jail time.

Breaking Free: How Wards Can Regain Their Independence

Not all wards want to replace their guardian—many want to end guardianship entirely. Texas law allows wards to petition the court for restoration of rights, arguing that they no longer need a guardian. To be successful, they must prove that they are:

• Capable of managing their own affairs
• No longer incapacitated (if the original guardianship was due to medical reasons)
• Not at risk of harm without a guardian

In these cases, courts may request medical evaluations, financial assessments, or witness testimony to determine whether the ward can regain control over their life.

Preventing Guardian Overreach: What Families and Courts Can Do

While Texas law provides legal recourse for victims of guardian misconduct, prevention is always better than intervention. Here are steps that can help minimize abuse of power:

• Better vetting of guardians – Courts should ensure appointed guardians have no history of financial fraud, neglect, or abuse.
• Periodic court reviews – Regular check-ins and audits can help prevent mismanagement and hold guardians accountable.
• Encouraging alternatives to full guardianship – In some cases, power of attorney, financial conservatorships, or supported decision-making agreements may be better solutions than full guardianship.
• Educating families and wards about their rights – Many people under guardianship don’t realize they have the right to challenge or report mistreatment.

Conclusion: Guardianship Should Protect, Not Control

Guardianship is a powerful legal tool that can provide security for those who truly need it—but when misused, it can lead to exploitation, control, and unnecessary restrictions on personal freedom. Texas law allows wards to challenge abusive guardians, file lawsuits, and even regain their independence if they can prove they no longer need oversight. While courts and families play a role in ensuring guardianship works as intended, individuals under guardianship must know their rights and the legal options available when oversight turns into overreach.