Guardianship cases often begin with good intentions and end in conflict. One sibling believes Mom needs a guardian; another thinks she is doing fine. A new spouse and adult children disagree about who should make decisions for Dad. Or the person at the center of the case says, clearly and firmly, “I don’t need anyone controlling my life.” In New Braunfels and across Comal County, these disputes are a real and growing part of guardianship practice, especially as families spread out along the I-35 corridor and do not see an aging parent every day.
As family lawyers who also handle guardianship, we represent applicants, family members who object, and people who want to keep their independence. This page explains how contested guardianships work in Texas and how to protect your position.
What Makes a Guardianship “Contested”
A case becomes contested when someone formally opposes some part of it. That can mean:
- Opposing the guardianship itself, arguing the person is not incapacitated or that alternatives would work
- Opposing the proposed guardian, arguing that someone else should serve or that the applicant is disqualified
- Opposing the scope, arguing that a limited guardianship would be enough instead of a full one
- Competing applications, where two relatives each ask to be appointed
Texas law strongly favors the least restrictive option. Under Estates Code § 1101.101, the court must find that alternatives and supports are not feasible before it can create a guardianship. That rule gives objectors a meaningful argument: if a valid power of attorney, a supported decision-making agreement or other help already meets the person’s needs, a guardianship may not be justified.
The People in a Contested Case
| Role | Who they are | What they do |
|---|---|---|
| Applicant | The person who filed for guardianship | Must prove incapacity and that the guardianship is necessary |
| Proposed ward | The adult or minor at the center of the case | Has the right to attend, object, present evidence and request a jury |
| Attorney ad litem | Lawyer appointed by the court | Represents the proposed ward’s wishes and rights |
| Guardian ad litem | Optional court appointee | Advises the court on the person’s best interest |
| Contestant | Relative or interested person who objects | May oppose the case or ask to serve instead |
The attorney ad litem often plays a central role. If the proposed ward does not want a guardian, that lawyer will advocate for that outcome even if every relative agrees a guardianship is needed.
Common Grounds for a Contest
“The person is not incapacitated”
The applicant must prove incapacity with medical evidence, including a Certificate of Medical Examination. An objecting party may challenge that certificate, ask for an independent exam, or offer evidence that the person still manages daily life with some help. Diagnosis alone does not equal incapacity. Someone with early dementia may still be able to make many of their own decisions.
“There is a less restrictive alternative”
If the person signed powers of attorney while they had capacity, the agent may already have the authority the applicant is seeking. Objectors often argue that the guardianship would duplicate or override a plan the person chose for themselves. Our page on alternatives to guardianship explains these tools.
“The proposed guardian should not serve”
Texas disqualifies certain people from serving, including some people with felony convictions, people with interests adverse to the ward, and people the court finds unsuitable. A person may also have signed a designation of guardian naming who they do, or do not, want. Evidence that the applicant has taken money, isolated the person from relatives, or ignored medical needs can be decisive.
“Someone else has priority”
Texas generally gives priority to a spouse and then to close relatives, but the court’s final question is the ward’s best interest. A relative with lower priority can still be appointed if they are the better choice.
How a Contested Case Moves Forward
Contested guardianships look more like ordinary lawsuits than uncontested ones. Expect these stages:
- Pleadings. The objecting party files a written contest or competing application.
- Temporary orders. If there is an emergency, the court may appoint a temporary guardian, whose appointment can continue while the contest is pending.
- Discovery. Parties exchange documents such as bank records, medical records and communications, and may take depositions.
- Medical evidence. Additional physician exams or expert opinions may be requested.
- Mediation. Many courts encourage or require mediation before trial.
- Trial. The judge, or a jury if one is requested, decides incapacity and related issues. The judge decides who serves and with what powers.
Contested cases take longer and cost more than agreed ones. Because Comal County’s population has grown quickly, court calendars can be busy, so it helps to be organized early.
Preparing Your Side in a Comal County Guardianship Contest
Whether you are the applicant, the objector or the proposed ward, preparation matters more than emotion. A few practical steps:
- Write a timeline. Note dates of falls, hospital stays, missed bills, unusual transfers and conversations. Specific, dated facts carry more weight than general worries.
- Preserve records. Keep bank statements, emails, texts and medical paperwork. Do not delete social media posts or messages.
- Stay respectful. Judges notice who is focused on the person’s welfare and who is focused on control or inheritance.
- Keep visiting. If you are being shut out of a parent’s life, document your attempts to visit and call. Isolation is a serious concern for courts.
- Avoid self-help. Do not move the person, change their locks or empty accounts without legal authority.
- Think about compromise. Co-guardians, a limited guardianship, a neutral professional guardian, or a visitation schedule can sometimes resolve the dispute.
When the Proposed Ward Is the One Objecting
If you are the person someone wants to place under guardianship, you have real rights. You must be personally served with the application. You will have an attorney ad litem, and you may hire your own lawyer. You can attend the hearing, testify, call witnesses, and request a jury. You can also show the court that you have already planned ahead by signing powers of attorney or entering a supported decision-making agreement.
If a guardianship is created anyway, it is not necessarily permanent. A ward can later ask for restoration of capacity or modification of the guardianship.
After the Contest
Once the court rules, the appointed guardian must qualify and begin meeting ongoing duties, including bonds, reports and accountings. Disputes do not always end there. A relative who believes a guardian is misbehaving can ask the court to act, and in serious cases seek removal of the guardian.
Talk With a New Braunfels Guardianship Lawyer
If your family is heading toward a guardianship dispute in New Braunfels or elsewhere in Comal County, call New Braunfels Family Law at (830) 302-4071 for a free consultation by phone, video or in person. We will help you understand your position, your options for settlement, and what to expect in court. We also serve Guadalupe, Hays and Kendall counties, and we speak Spanish.
Frequently Asked Questions
Who can contest a guardianship in Texas?
The proposed ward can always oppose the case. Relatives and other people with a genuine interest in the person’s welfare can also file an objection or a competing application. However, a person whose interests are adverse to the proposed ward generally cannot take part, and the court decides who has standing.
Does a contested guardianship go to a jury?
It can. Texas law gives the proposed ward the right to request a jury on the question of incapacity, and contested matters may be tried to a jury when requested. Many contests are still resolved by the judge or through mediation without a jury.
Can I be appointed guardian if my sibling is already the agent under a power of attorney?
Possibly, but you would need to show why a guardianship is needed despite the existing power of attorney. Courts look at whether the agent is acting properly. Evidence of misuse, neglect or conflict of interest matters far more than family disagreement alone.
Who pays the legal fees in a contested guardianship?
Each party usually pays their own lawyer at first. The court can order certain fees paid from the ward’s estate when the work benefited the ward, and it can deny or shift fees in some situations, such as a case brought without good faith. See our cost of guardianship page.
Can a contested guardianship be settled?
Yes, and many are. Families often reach mediated agreements on who serves, what powers the guardian has, visitation and how money is handled. The judge must still approve the result and find it is in the person’s best interest.
Last reviewed November 13, 2026. General information only, not legal advice.