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Fiduciary Litigation: Filing Lawsuits Against Guardians

A guardianship is the court-supervised administration for a minor or incapacitated person, known as the ward. The guardian, appointed by the court, is charged with caring for the ward and his or her property. Guardians can be very helpful. They can provide the support people need to get them through tough times. Being a guardian is also a powerful position, which unfortunately some unscrupulous people misuse.

Filing lawsuits against guardians in Texas has become much more prevalent as people have become more aware of their rights. This can be a complex process, however, and requires the assistance of an experienced attorney.

Time is important when it comes to filing lawsuits against guardians in Texas. Like many crimes, abuse of power by guardians has a statute of limitation. Therefore it is important to take action as soon as the abuse has been discovered. Records get lost and people move away or die. This can complicate the process of filing lawsuits against guardians. The best time to seek redress for wrongs done by a guardian is now.

People may identify what they think is abuse of power by a guardian, but may ignore it because it does not seem to be particularly grievous. But the identified abuse may just be the tip of the iceberg. Left unchecked that abuse can have a devastating effect on people’s lives.

For people who feel they or someone they know have been victimized by a guardian, the first step should be to contact an experienced Texas fiduciary litigation attorney. An experienced attorney can research the case and help to determine if abuse has in fact taken place. Once that determination has been made, the Texas probate attorney can advise whether or not filing a lawsuit against the guardian is the best way to address the problem and help the abused decide what course of action they want to take. Abuse is a heinous crime. If you or someone you love is being taken advantage of by the person whose duty it is to protect them, let the attorneys at Munsch Hardt help.