Can a guardianship be contested?

Yes, a guardianship can be contested in Texas. Guardianship is a legal relationship created when a court appoints an individual to manage the personal and/or financial affairs of an incapacitated adult or minor. Under Texas law, a guardianship is subject to both judicial review and appeal. It is possible to contest a guardianship under Texas law. A guardianship can be contested if the person or the proposed guardian believes that the guardianship is unnecessary, or if the proposed guardian and/or the incapacitated person disagree with the terms set out by the court or the proposed guardian. It is important to note that the court must approve of a guardianship plan before it is established. In a contested guardianship, the court may modify the plan and appoint a different guardian, if it is in the best interest of the incapacitated person. After the court has appointed a guardian, any person—including the incapacitated person and the proposed guardian—may file a request for review of the proposed guardianship plan. In Texas, the court may terminate a guardianship if the incapacitated person is no longer in need of a guardian and no longer requires protection. Whether a guardianship is contested or not, the court may decide to revoke the guardianship at any time if it is determined that the guardianship is no longer necessary or if the best interest of the incapacitated person is served by terminating the guardianship.

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Can a guardianship be contested?

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