When a loved one becomes incapacitated or unable to manage their own affairs, guardianship often becomes a necessary legal step to ensure their well-being. However, when families disagree on who should take on this crucial role, tensions can escalate, leading to drawn-out legal battles and emotional distress. Texas has established clear laws and procedures to address these conflicts, but understanding the complexities of the guardianship process is essential for families navigating these challenging decisions.

Understanding Guardianship in Texas

What is Guardianship?

Guardianship is a court-appointed role where an individual, known as a guardian, is legally responsible for managing the personal, medical, and financial affairs of another person, referred to as the ward. This arrangement is typically necessary for minors without parental care, adults with disabilities, or elderly individuals suffering from cognitive decline.

Types of Guardianship in Texas

In Texas, there are two primary types of guardianship:

1. Guardianship of the Person: This type of guardianship grants the guardian the authority to make personal and medical decisions for the ward, including choices about healthcare, living arrangements, and daily needs.
2. Guardianship of the Estate: A guardian of the estate is responsible for handling the ward’s financial affairs, including managing assets, paying bills, and making financial decisions.

Some individuals may require both types of guardianship, while others may need only one, depending on their circumstances.

Full vs. Limited Guardianship

A full guardianship grants complete control over the ward’s decisions, while a limited guardianship allows the ward to retain some rights and decision-making abilities. Courts often prefer limited guardianship when possible, ensuring that the ward maintains as much independence as their condition allows.

Who Has Priority in a Guardianship Dispute?

The Legal Preference Hierarchy

Under Texas law, courts follow a priority system when appointing a guardian. The preferred order typically includes:

1. The incapacitated person’s spouse
2. Adult children
3. Parents
4. Siblings
5. Other relatives
6. Close family friends or professional guardians

While this hierarchy provides a framework, the court ultimately considers what is in the best interest of the ward, even if it means bypassing a preferred relative.

When Families Disagree

Disputes often arise when multiple family members believe they are best suited for the role of guardian. These disagreements can stem from:

• Differing views on medical care and financial management
• Personal conflicts and long-standing family tensions
• Concerns about financial motives or conflicts of interest

When families cannot reach an agreement, the case often goes before a judge, who will determine the most appropriate guardian based on various factors, including:

• The ward’s previously expressed wishes (if applicable)
• The potential guardian’s ability to meet the ward’s needs
• The guardian’s financial stability and caregiving history
• Any history of abuse, neglect, or exploitation

Resolving Guardianship Disputes

Mediation: A Preferred First Step

Before resorting to litigation, Texas courts often recommend mediation as a way to resolve guardianship conflicts. Mediation allows family members to discuss concerns with a neutral third party and work towards a mutually agreeable solution without the emotional and financial strain of a courtroom battle.

The Role of a Guardian Ad Litem

In contested guardianship cases, a guardian ad litem may be appointed by the court to serve as an independent advocate for the ward. This individual investigates the situation, interviews involved parties, and provides recommendations to the court regarding who should be appointed as guardian.

Court Intervention and Final Decision

If mediation fails, the case proceeds to probate court, where a judge evaluates all evidence presented and makes a final decision regarding guardianship. In some cases, the court may appoint a professional guardian or establish a co-guardianship arrangement if it determines that no single family member is adequately suited for the role.

Alternatives to Guardianship

While guardianship is often necessary, Texas law also provides alternative legal arrangements that may better suit the needs of individuals who require support but wish to retain a degree of autonomy.

Power of Attorney

A Power of Attorney (POA) allows an individual to grant another person the authority to make medical or financial decisions on their behalf. This arrangement can often prevent the need for formal guardianship.

Supported Decision-Making Agreements

Texas is one of the few states that recognizes Supported Decision-Making Agreements, which allow individuals with disabilities to make their own decisions with assistance from a trusted supporter, rather than having a guardian make decisions for them.

Medical Directives and Advance Healthcare Planning

Advance directives, such as Living Wills and Durable Medical Power of Attorney, enable individuals to outline their healthcare preferences in advance, reducing the likelihood of guardianship disputes should they become incapacitated.

Special Needs Trusts

For individuals with disabilities, Special Needs Trusts can be used to manage financial resources while ensuring continued eligibility for government benefits like Medicaid and Supplemental Security Income (SSI).

What Happens When a Guardian Abuses Their Power?

Unfortunately, not all guardians act in the best interest of the ward. Cases of abuse, neglect, and financial exploitation have been reported, leading Texas courts to implement strict oversight measures.

Reporting Abuse

Family members or concerned individuals can report suspected guardian misconduct to:

• Texas Adult Protective Services (APS)
• The Probate Court overseeing the guardianship case
• The Texas Department of Family and Protective Services (DFPS)

Guardian Removal and Legal Consequences

If a guardian is found guilty of misconduct, the court may remove them and appoint a new guardian. In severe cases, legal action may be taken against the guardian for fraud, theft, or neglect.

Additional Considerations in Guardianship Cases

Financial Implications of Guardianship

Guardianship can have significant financial implications. The guardian is often responsible for ensuring the ward’s financial stability, paying bills, and managing assets appropriately. This can be a complex task, requiring careful oversight and legal knowledge.

Long-Term Care and Healthcare Decisions

One of the biggest challenges in guardianship cases involves healthcare decisions. Guardians may have to make difficult choices about medical treatments, nursing home placement, or home healthcare services. Families often struggle with these decisions, especially if the ward has not left clear instructions regarding their preferences.

Psychological and Emotional Impact

Guardianship cases can be emotionally draining for all involved. The ward may feel a loss of independence, while family members might struggle with guilt, frustration, or resentment. Seeking counseling or support groups can help families cope with these emotional challenges.

Conclusion: Navigating Guardianship Disputes with Clarity

Guardianship is a serious legal matter that requires careful consideration and, at times, court intervention. When families disagree over guardianship decisions, mediation and alternative legal options can often provide solutions without resorting to litigation. However, when court involvement is necessary, the judge’s primary concern is ensuring the well-being of the ward above all else.

For families facing guardianship disputes in Texas, early legal planning—such as drafting POAs, special needs trusts, and medical directives—can help prevent conflicts before they arise. Clear communication, proactive planning, and a focus on the ward’s best interests are key to navigating the guardianship process effectively. Ultimately, while family disagreements over guardianship can be difficult, understanding the legal framework and available options can make the process smoother and more manageable for all involved.