Denton County Guardianship Litigation Attorney

When someone becomes incapacitated — loses the ability to care for himself or herself — it presents a terribly difficult situation for the family trying to decide who will provide that decision-making care.

Who will protect the incapacitated loved one’s assets? Who will ensure his or her medical needs are met appropriately? What standards must be adhered to? What happens when someone falls short of fulfilling these duties?

Taking Care of Those Who Cannot Take Care of Themselves

In many cases, a family will rally together and find a way to agree on who will be the guardian for the incapacitated family member. There are times, however, when the family cannot come to an agreement on this decision, and the problem needs to be decided by the courts.

Flower Mound guardianship litigation attorney Stephen E. Dubner has experience trying cases like this. He can offer you steady, realistic advice and the benefit of his trial court experience. From our Lewisville office, we represent clients throughout the DFW Metroplex.

Issues to Be Resolved Through Litigation

Although there are many different types of guardianship issues that can be litigated, the most common issues we see at the Law Office of Stephen E. Dubner include:

  • Capacity: The point of a guardianship springs from the concept of incapacity — to give decision-making control as a way to take care of someone who has lost capacity to make sound decisions. Sometimes, the proposed ward (the person who would be the subject of a guardianship) claims to still have capacity and does not want the loss of freedom that would result from a guardianship. The court will evaluate if the ward is capable by interviewing family members and others who can provide relevant information and evidence that support or dispute this claim.
  • Guardianship appointment: In many cases, there is a dispute over whom the guardian will be. Sometimes two parties are each fighting to become the guardian, and in other cases, someone is simply arguing that the proposed guardian is not fit for the job for whatever reason. These decisions are determined by the court based on what is in the proposed ward’s best interest and who will take best care of the proposed ward.

Contact a Skilled Lewisville Guardianship Dispute Lawyer | 214-257-8818

If you are facing litigation over a disputed guardianship issue, we can help you. Call our Denton County law office or contact us online to schedule a free initial consultation.