Legal Question in Family Law in Texas

I hired an attorney to obtain guardianship of my housebound grandparents. My uncle is a mental patient (bi-polar with dementia episodes) and was removed from the home by Adult Protective Services for abusing my grandparents. He was then admitted to a mental hospital for evaluation (twice in three weeks). I have had doctors examine my grandparents. Everyone is in agreement that they need a guardian.

This man, a current mental patient with MHMR, who has been removed by a State agency for abusing these same people, is contesting the guardianship. How is a mentally ill person with abuse history allowed that much power over the people he has already harmed? Why is the court taking a non-viable person seriously enough to allow his input into their future? What can I do to protect myself and my grandparents from this horrible man?


Asked on 10/02/10, 8:01 am

1 Answer from Attorneys
Keith Engelke Law Office of S. Keith Engelke

Courts take everyone seriously. You need to discuss this issue with the attorney that is handling the guardianship for you. While he may have priority to be named guardian over you, he has to be qualified. If he has been removed by APS and has the diagnosis that you state, he is probably not qualified to be a guardian. My guess is that he is doing this so he can get back in the house. Nevertheless, the court is going to have to make a finding to that effect.

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Answered on 10/07/10, 8:17 am


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