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Roger
Roger, Attorney
Category: Family Law
Satisfied Customers: 26346
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by West
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my sister is attempting to get legal guardianship of our Mother.

Resolved Question:

my sister is attempting to get legal guardianship of our Mother. her motive is to obtain sole control of the estate ($). all other members of the family are opposed to this as my sister is a very NASTY person and this would not be in the best interest of our Mother. we would propose that, if a guardianship is deemed necessary, her granddaughter be so designated as she is the person emotionally closest to our Mother. Texas
Submitted: 3 years ago.
Category: Family Law
Expert:  Roger replied 3 years ago.

Hi - my name is XXXXX XXXXX I'm a Family Law litigation attorney here to assist you.

 

Once your sister files a petition for guardianship, you and your siblings need to file an objection to the petition and request to join the case as parties. The judge should allow all of the children to participate in order to hear everyone's position and then determine what is in the mother's best interest.

 

I would recommend that you hire a local family law attorney in your area to file an objection on behalf of each of you.

Customer: replied 3 years ago.
i read somewhere that texas courts leaned toward awarding guardianship toward the person with the closest emotional relationship with the ward. true/false?
Expert:  Roger replied 3 years ago.

The rule is that the court must do whatever is in the person's best interest. Usually, the one that is closest to the person emotionally is the best caregiver. However, that is not a hard and fast rule at all.

 

A court is not going to award guardianship to someone just because they're the closest person to the ward. The court must consider the well-being of the person and who will attend to the person's needs the best.

Roger, Attorney
Category: Family Law
Satisfied Customers: 26346
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by West
Roger and 3 other Family Law Specialists are ready to help you

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