A guardianship application asks a court to take legal rights away from an adult and give them to someone else. If a relative has applied to be guardian of your mother, your brother, or you, take the hearing seriously and prepare for it.
Bexar County has three statutory probate courts, created under the authority of Gov’t Code 25.0171(c). Most filings are spread across all three. Mental health matters are the exception, and the statute sets that rule.
Gov’t Code 25.0171(c), 25.0173(n), (o), (p); Bexar County probate courts’ local rules, approved September 25, 2026, Rule 1.3(b).
Find out which court has your case before the first hearing.
A Texas judge cannot appoint a guardian just because the family thinks it would make things easier. Estates Code 1101.101 sets out findings the court must make first, and the person who filed the application has the burden of proof, not the adult whose rights are at stake.
A contest argues that the evidence does not support one or more of those findings. The question is what the evidence shows, not who in the family is the better child.
Estates Code 1101.101.
Adults lose some capacities and keep others. Someone who can no longer track a bank statement may still be clear about where they want to live. Contests often turn on the difference between what the application asks for and what the person needs.
Sometimes a guardianship is appropriate and the real dispute is about who should serve. Acknowledging that early can shorten the case.
Most of these cases start within one family. One adult child files, and another learns about it from a notice and has only days to respond. Two Bexar County rules matter here.
Under Local Rule 6.1(a), filing a contest or a written opposition to an application makes the matter contested automatically, and the court may set a scheduling conference. No separate ruling is needed.
Under Local Rule 3.2(a), an individual applying for guardianship of another must be represented by an attorney. Under 3.2(b) the clerk will accept the filing, but the court takes no action until a lawyer appears. A relative cannot pursue an application without a lawyer.
Local Rule 6.4 provides that preferential settings are granted for contested matters as required by law, including certain guardianship proceedings and cases involving elderly or terminally ill parties. If the person’s health is declining, ask for a preferential setting.
Bexar County probate courts’ local rules, approved September 25, 2026, Rule 6.4.
Some of the hardest cases come after a guardian is appointed. The family that agreed to the guardianship can no longer reach the person, visits are refused, the house is sold, or money is moved in ways that benefit the guardian.
Removal of a guardian is governed by Estates Code 1203.051 and 1203.052. Removal depends on evidence, so start by building a record.
Estates Code 1203.051, 1203.052; Bexar County probate courts’ local rules, approved September 25, 2026, Rule 8.1(d).
We act to protect a ward from a guardian who is isolating or exploiting that person, and we defend adults against applications that should never have been brought. We do not help anyone take control of a relative’s money.
If the family agrees and the application simply needs to be prepared and presented, another San Antonio firm can do that work well and for less. We take guardianship matters that are opposed or that have gone wrong after appointment.
Bring whatever the court already has: the application, any notice you received, and the names of everyone the court will have to hear from. A short first call is usually enough for us to tell you whether you need to contest an application or seek removal.
The Bexar County probate courts can move a guardianship hearing up when a person’s health is failing. Call us before the next hearing date is set.
The first consultation is short and free.
