If last year my parents were granted co-guardianship of my brother but my mother has since died, how can I now contest the order of guardianship regarding my father?

My brother is an incapacitated adult. I want to either removing my father 100% or add myself as co-guardian. It was my understanding that my father was only given the co-appointment because of relationship with my mother and because no one contested. About 4 months ago, our mother suddenly passed away. I would prefer having my father completely removed and then having our aunt and I appointed as co-guardians. His criminal record disqualifies him from appointment -prostitution 2008, crime of sexual nature. At the time of her death, my parents were divorcing and she was requesting support for him as from my father. Can I pursue that as well if I get guardianship?

Asked on April 14, 2015 under Estate Planning, Texas

Answers:

Ling Dai / The Dai Law Firm, PLLC

Answered 5 years ago | Contributor

First, as to the guardianship issue, if circumstances changed, you can petition for the court to modify the terms of the guardianship for the best interest of the ward, i.e. your brother.

 

Second, you may ask for the court to order your father to support your brother since your brother is disabled, even if it is the case that your brother is no longer a minor.

 


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