Can 85yr old be forced by magistrate to allow visition of adult children that filed temp./emergency guardianship on him?

Asked about 1 year ago - Fort Worth, TX

Temporary/emergency guardianship applic claimed eminent danger. Proposed ward is upset at thought of having to visit w/children who have conspired to take away his independence/freedom and take over his assets. We have neurologist assessment that says he can cont. to make his own decisions. Also has POA and Declaration of Guardian for future that were witnessed and notarized.

Attorney answers (1)

  1. James Brian Thomas

    Contributor Level 14


    Lawyer agrees

    Answered . Could the Court order that access to the Proposed Ward be permitted for all family members? Sure. Even the Court might recognize, however, that unsupervised access is not in the Proposed Ward's best interests, and those best interests are the Court's chief concern.

    It sounds like you're in the early stages of a disputed guardianship case. If you think that tensions are running hot now, wait until the Court is asked to approve attorneys' fees from the Proposed Ward's Estate. These fights are emotionally and financially draining, and you'd do well to speak with your own attorney to learn what rights and options you may have to assist the Proposed Ward.

    I see that you're posting this question from Fort Worth. Our attorneys frequently practice in the Tarrant County probate courts, and I'd be happy to visit with you in more detail if you'd like.

    This answer does not constitute legal advice. I am admitted to practice law in the State of Texas only, and make... more

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