Law Offices of
David S. Bouschor II

217 E. Oak Street
Denton, Texas 76201
(940)323-1300
(940)323-1400 (fax)
(877)592-1300 (toll free)

The Litigation Method
In Guardianship Cases

The appointment of a party as a Guardian of a Person and/or Estate will always necessitate the filing of an Application and at least one appearance before the Court. There are many considerations before filing a guardianship that are unique to this type of case. There are several areas of the case that must be investigated before filing your application, what type of guardianship needed, level of protection needed to protect the proposed ward, need of additional filings to recover property or preserve property is but a few. A litigated case is procedurally governed by the Texas Rules of Civil Procedures and the Civil Practice and Remedies Code, but often the Texas Probate Code has preempted a portion these codes. The Texas Legislature re-wrote the guardianship portion of the Texas Probate code in 1993. With these changes to the Probate code, the guardianship area became a new body of law. Many of these changes mirrored the existing Probate code for an “Intestate Probate Proceeding” but with several significant distinctions. Having an experienced attorney before entering into a litigated guardian is important for obtaining a satisfactory outcome to your case.

Guardianship Litigation, like Family Law, often involves families or extended families and the complications that arise with these longstanding relationships. If the parties cannot reach an agreement with regard to the disputed issues the Court may require you to attend mediation prior to scheduling a trial in your case. If no mediated settlement is reached, the only recourse is to present evidence and arguments in support of your position to the Court (or jury) for ultimate determination. The process of preparing for a trial is a consuming task both in money and time and you will be required to assist in the preparation which will be a substantial commitment of time. Litigation provides resolution for people who cannot settle their differences any other way.

While David will avidly work to find an amicable solution to the disputed issues in a Guardianship case, Attorney Bouschor has extensive litigation and courtroom experience both in trials to the Court and before a jury and he will aggressively litigate a Guardianship matter should a trial become necessary.

Please read our Philosophy on Litigation Method.