Most guardians in Texas serve faithfully, often at real personal sacrifice. But sometimes a guardian stops visiting, ignores medical needs, mixes the ward’s money with their own, or cuts the ward off from family. When that happens in New Braunfels or anywhere in Comal County, the court that appointed the guardian has the power to step in, and a guardianship lawyer can help you bring the problem to the judge’s attention the right way.
Our firm represents relatives who are concerned about a guardian, wards who want a change, and guardians who are facing a removal motion and need to respond.
The Court’s Ongoing Role
A guardianship is not a one-time event. The court that grants it keeps supervising it for as long as it lasts. Guardians must file annual reports, inventories and accountings, and the court reviews them every year. That ongoing oversight is what makes removal possible. Our page on guardian duties and reports explains what a guardian must file.
Grounds for Removal Under Texas Law
Texas Estates Code Chapter 1203 sets out when a guardian can be removed. The grounds fall into two broad groups.
Situations where the court may act quickly, without advance notice
The court can act without first notifying the guardian in certain urgent or clear-cut situations, such as when a guardian:
- Never qualified properly, for example by failing to post bond or take the oath
- Has misapplied, embezzled or removed property from the state, or is about to
- Has failed to file a required inventory or account after being told to do so
- Has neglected or mistreated the ward in a way that puts the ward at risk
- Cannot be located or has left the state without court approval
In these cases the guardian generally still has a chance to be heard afterward.
Situations requiring notice and a hearing
Other grounds call for notice and a hearing, such as when a guardian:
- Repeatedly fails to file reports or accountings
- Fails to follow a court order
- Is guilty of gross misconduct or mismanagement
- Has become incapable of serving, such as through illness
- Has become disqualified, for example through certain criminal convictions or a new conflict of interest
- Is not acting in the ward’s best interest, or has unreasonably restricted the ward’s contact with family and friends
The exact wording and procedure matter. We review the statute and the court’s file carefully before filing anything.
Warning Signs Families Notice
| Area | Warning signs |
|---|---|
| Money | Late bills, utility shutoffs, unexplained withdrawals, guardian’s lifestyle suddenly improves, no accounting filed |
| Care | Weight loss, bedsores, missed medications, poor hygiene, skipped doctor visits |
| Living situation | Moves without explanation, unsafe home, frequent changes in caregivers |
| Isolation | Guardian blocks phone calls or visits, refuses to tell family where the ward lives |
| Court compliance | Missed annual report or account deadlines, ignoring court notices |
One warning sign is not always proof of wrongdoing. Older adults do lose weight, and care costs can drain savings legitimately. But a pattern deserves attention.
Steps to Take If You Are Concerned
- Write down what you see. Record dates, photos (where appropriate), conversations and specific concerns.
- Request information. Sometimes a direct conversation with the guardian clears things up.
- Review the court file. Annual reports and accounts are filed with the clerk. In Comal County, as in most Texas counties, guardianship files are generally kept by the clerk for the court that handles probate matters. Some records may be restricted, so a lawyer can help you access what you are entitled to see.
- Report abuse or exploitation. If the ward is in danger, contact Adult Protective Services or law enforcement right away. A court case is not a substitute for an emergency response.
- File with the court. A written motion or complaint asks the judge to investigate, require an accounting, suspend the guardian or remove them.
- Ask for interim protection. If needed, the court can suspend the guardian or appoint a temporary guardian while the case is pending.
What Happens in a Removal Case
After a removal request is filed, the court may order the guardian to file an accounting or explain specific transactions. The ward’s attorney ad litem may be appointed or reappointed to investigate and report the ward’s wishes. The court holds a hearing, where both sides can present evidence.
If the court removes the guardian, it will:
- Revoke the guardian’s letters
- Order the removed guardian to account for the estate and deliver property
- Appoint a successor guardian, considering family members, a designated guardian, or a professional guardian
- Address any losses, including claims against the guardian’s bond
The bond posted at the start of the guardianship exists for exactly this situation. If a guardian of the estate misused money, the surety company on the bond can be required to cover the losses, subject to its terms.
Choosing a Successor Guardian
The court applies the same standards it used originally: who is qualified, who is not disqualified, and who will serve the ward’s best interest. If the ward signed a designation of guardian, that document still matters. Families should think carefully before nominating someone. A long-running family conflict sometimes makes a neutral private professional guardian a better choice. Our pages on the guardian of the person and guardian of the estate explain each role.
If You Are the Guardian Facing Removal
Being accused of mismanagement is stressful, especially when you have worked hard for a parent or child. If you receive a removal motion:
- Do not ignore it. Deadlines and hearings move forward with or without you.
- Gather your records. Receipts, bank statements and care notes are your best defense.
- Fix compliance problems fast. If you are behind on a report or account, get it filed.
- Consider whether stepping down is better. A guardian can ask to resign. Sometimes that ends a family dispute with less conflict and cost.
Removal Is Different From Restoration
If the guardian is doing fine but the ward no longer needs protection, the right request is restoration of capacity, not removal. If the family is fighting over who should serve before anyone is appointed, see contested guardianship.
Talk With a New Braunfels Guardianship Lawyer
If you are worried about how a guardian is treating someone you love in New Braunfels or elsewhere in Comal County, or you are a guardian facing a removal request, call New Braunfels Family Law at (830) 302-4071. Your first consultation is free by phone, video or in person, and we speak Spanish.
Frequently Asked Questions
What are the grounds for removing a guardian in Texas?
Texas Estates Code Chapter 1203 lists grounds that include failing to file required reports or accounts, misusing the ward’s money, neglecting or mistreating the ward, gross misconduct, becoming unable to serve, and situations where the guardian becomes disqualified. The court can act on some grounds without advance notice.
Can a family member ask the court to remove a guardian?
Yes. A person interested in the ward’s welfare, including a relative, can file a motion or complaint asking the court to remove the guardian. The court can also act on its own after reviewing reports or receiving information.
Can the ward ask to have their guardian replaced?
Yes. A ward can tell the court they want a different guardian, and the court will consider the ward’s preference along with the evidence. The ward’s attorney ad litem can help present the request.
What happens to the ward while the removal case is pending?
The court can suspend a guardian’s powers or appoint a temporary guardian if the ward or the estate is at risk while the case proceeds. This keeps the ward protected until a final decision.
Can a removed guardian be ordered to repay money?
Yes. A guardian must account for everything they handled. If funds were misused, the court can hold the guardian responsible, and the guardian’s bond may be used to recover losses to the estate.
Last reviewed November 13, 2026. General information only, not legal advice.