Disputing your parent’s guardianship is significantly different from settling childhood disagreements over being a favorite. Your parent’s health and finances are at stake. Here is what you need to know about Texas law before you choose your next course of action.
The best interest of your parent matters
The person in need of help in this case is your parent. Accordingly, Texas law gives weight to the interests that serve your parents best. Some of the questions a court might ask before assigning a guardianship include:
- Is the parent in question incapacitated as confirmed by a qualified physician?
- Is court intervention necessary?
- Has it been proven that less restrictive alternatives – such as specialized care – are not feasible?
If intervention is required and no less restrictive alternative is feasible, the court may appoint a legal guardian.
Will the court favor the elderly sibling?
It is a common misconception that the birth order of a sibling plays a role in guardianship. It does not. Instead, the court evaluates objective factors to determine who can best handle the responsibility:
- Proximity: Living closer allows for immediate emergency response and consistent daily oversight.
- Financial stability: A guardian must manage assets prudently without conflicts of interest or personal financial distress.
- Caregiving track record: Prior active involvement in medical care and personal well-being carries significant weight.
The court considers these factors before appointing a guardian.
Protect your parent’s future
Dealing with a disputing sibling while seeking guardianship for your parent can be emotionally draining. An attorney experienced in elder law can help you gather necessary medical evidence, file proper petitions and present a compelling case centered on your parent’s welfare.
