Guardianship is a protective legal tool for individuals who can no longer make critical decisions. It’s meant to ensure the well-being of the vulnerable—children without parents, adults with severe disabilities, or aging parents dealing with dementia or similar conditions. But in some cases, what begins as a compassionate step toward safeguarding a loved one spirals into a bitter power struggle, pitting family members against each other and turning care into conflict.

This is especially true in Texas, where many guardianship disputes are flooding probate courts. These are driven by disagreements over who should be appointed, how finances should be handled, or whether the proposed ward even needs a guardian in the first place. Behind every guardianship power struggle is often a mix of genuine concern, fear of loss, unresolved family tension, and sometimes, sadly, a hint of greed. So what transforms guardianship from a legal duty into a battlefield? And how can families navigate this process in Texas without tearing each other apart?

The Roots of the Conflict: Why Guardianship Sparks Family Fights

In theory, guardianship is about protecting someone vulnerable. But when multiple parties believe they are best suited to make those decisions—or suspect someone else is motivated by self-interest—the situation quickly escalates. In Texas, where probate and guardianship courts regularly handle contested cases, judges often see the same patterns play out. Siblings fighting over a parent’s care, adult children clashing with a parent’s new spouse, or relatives stepping in after years of estrangement.

At the heart of many of these conflicts is control. The person who is named guardian holds significant legal power. They may decide where the ward lives, what kind of medical care they receive, how their money is spent, and who can visit them. For someone who has been deeply involved in the ward’s life—or who stands to inherit their estate—this level of influence can become a source of contention, especially if they feel excluded from the process.

In other cases, past grievances resurface. Maybe one child cared for an aging parent for years while the other lived across the country. When it comes time to file for guardianship, those years of resentment and sacrifice show up in court as full-blown hostility. The courtroom becomes a place not just for deciding legal roles, but for settling personal scores.

Understanding the Guardianship Process in Texas

To understand how these struggles unfold, it helps to look at how guardianship works in Texas. When someone believes that another individual (the proposed ward) is no longer capable of making sound decisions, they apply to a Texas probate court. The court then conducts a detailed evaluation to determine whether the person is legally “incapacitated.” After this, they decide who should be appointed as guardian.

The court may either appoint a guardian of the person (to make personal and medical decisions) or a guardian of the estate (to manage money and property). In some cases, the court appoints both. Sometimes, these roles are split between two people if it’s deemed appropriate.

But here’s where it can get tricky: more than one person may file competing applications. And when they do, the court must consider not just who is willing to serve but who is legally qualified, who has the ward’s best interests at heart, and who is most likely to avoid conflict or mismanagement.

The law lays out certain preferences—for example, spouses or adult children typically take precedence—but the court ultimately decides based on the facts of the case. And when family members start accusing each other of unfitness, misbehavior, or bad motives, what should be a straightforward protective measure turns into a lengthy and expensive legal war.

Signs a Power Struggle May Be Brewing

In Texas guardianship cases, judges, attorneys ad litem, etc, are trained to spot red flags. These red flags suggest that guardianship may become contested. These include:

• Multiple family members expressing interest in being appointed, with no prior history of cooperation
• Sudden reappearances by estranged relatives when financial assets are involved
• Allegations of neglect, abuse, or exploitation by one or more parties
• Prior disputes over property, inheritance, or healthcare decisions
• A lack of clarity about the ward’s own wishes, especially if no legal documents (like a power of attorney) exist

While not every contested guardianship involves malicious intent, any of these signs can raise the stakes and prolong the process. What follows is often a series of hearings, investigations, and legal filings. These can drag on for months or even years.

The Emotional and Financial Toll of Guardianship Battles

When guardianship turns adversarial, the person who suffers most is often the very individual the system is supposed to protect. They may become isolated, overwhelmed by repeated interviews, or confused by the courtroom drama unfolding around them. Their medical and personal needs may take a backseat to the legal wrangling.

Families, too, can face deep and lasting damage. Relationships between siblings, spouses, and extended relatives often break down under the pressure of a contested guardianship. Trust erodes. Communication shuts down. In some cases, these rifts become permanent.

And then there’s the financial cost. Hiring attorneys, expert witnesses, medical evaluators, and fiduciaries is not cheap. Some families spend tens of thousands of dollars battling over guardianship. This money could have gone toward caregiving, home modifications, or long-term care planning. The stress and cost often outweigh the benefits, particularly when there may have been other alternatives.

Alternatives That Can Prevent Guardianship Disputes

One of the most effective ways to avoid a guardianship power struggle is by planning. Texas law recognizes several tools that allow individuals to name decision-makers in advance—before capacity becomes an issue. These include:

• Durable powers of attorney for finances
• Medical powers of attorney
• Designation of guardian in advance of need

These documents are legal declarations of a person’s preferences and carry significant weight in court. If a person has already named someone to act on their behalf, the court will generally honor that decision. This is unless clear evidence of abuse or unfitness exists.

Supported decision-making agreements are another alternative. They allow a person with a disability to choose someone to help them make decisions without giving up their rights. This is a newer model that promotes autonomy while still providing guidance, and it’s recognized under Texas law.

When people take time to execute these documents and discuss their wishes with their families, it drastically reduces the likelihood of court involvement. It also prevents the chance of a legal nightmare.

How Texas Courts Handle Contested Guardianships

Even when conflict arises, Texas courts are designed to resolve disputes with as much neutrality and oversight as possible. The judge may appoint an attorney ad litem to represent the proposed ward, a guardian ad litem to investigate the situation, and, in some cases, a court investigator or social worker to visit the ward and report back.

All parties may present evidence, call witnesses, and argue their case. The court weighs not only the law, but also the practical realities: who is actually providing care, who has the best relationship with the ward, and who is most capable of handling the responsibilities that come with guardianship.

Ultimately, the judge’s job is to decide what is in the ward’s best interest—not what is most convenient or financially beneficial to the applicants. This discretion allows for flexibility but also puts significant weight on how cases are presented and documented.

Strategies for Avoiding Conflict Before It Starts

The most effective strategy for avoiding a guardianship power struggle is early communication. Families should talk—long before capacity becomes an issue—about who would be willing and able to take on the role if it ever became necessary. Open, honest dialogue can eliminate many of the surprises and assumptions that lead to legal conflict.

In addition, working with an estate planning attorney can help ensure that all necessary documents are in place and that wishes are legally formalized. These professionals can also help navigate family dynamics and offer conflict-resolution strategies that reduce the likelihood of litigation.

Finally, consider professional guardianship only as a last resort. While it can be the right solution in certain cases, it also removes family decision-making entirely and brings in third-party fiduciaries. Families who can work together—even if it means compromise—are generally better positioned to honor their loved one’s values and preserve harmony.

Conclusion: When Guardianship Protects vs. When It Divides

Guardianship in Texas is a powerful legal tool, but like all powerful tools, it must be used with care. When done properly, it offers safety, dignity, and stability for vulnerable individuals. But when it devolves into a power struggle, the fallout can be devastating for everyone involved. The key to avoiding a guardianship nightmare lies in planning, communication, and putting the needs of the ward above all else. Whether you’re a parent preparing for old age, a child trying to help an aging relative, or a concerned family member in the middle of a dispute, understanding the system—and each other—can make all the difference between protection and pain.