How do I contest stepmom's guardianship of my dad?

[mjwilliams]

What is the name of your state (only U.S. law)? TX
My stepmom has applied for guardianship of my dad who is in an assisted living facility. His welfare is not her concern; his money and the money he will inherit when his mom dies is my stepmom's concern. A couple of weeks ago, we had a Texas Ombudsman meet with dad to determine if he thought dad was incompetent and to also to determine if my stepmom was physically abusing dad. Dad admitted to the man that she had hit him in the past. APS investigated her a few months ago and just let the case die out. In the presense of the ombudsman, dad signed a letter stating that his family (kids and mom) could have access to his medical records from his doctor. Stepmom has been lying about his condition. Ombudsman says dad is NOT incapacitated or incompetent. Stepmom has filed for guardianship. How do we contest this? If she has guardianship and dad wants to divorce her, is he able to do that?

[BlondiePB]

Originally Posted by mjwilliams

What is the name of your state (only U.S. law)? TX
My stepmom has applied for guardianship of my dad who is in an assisted living facility. His welfare is not her concern; his money and the money he will inherit when his mom dies is my stepmom's concern. A couple of weeks ago, we had a Texas Ombudsman meet with dad to determine if he thought dad was incompetent and to also to determine if my stepmom was physically abusing dad. Dad admitted to the man that she had hit him in the past. APS investigated her a few months ago and just let the case die out. In the presense of the ombudsman, dad signed a letter stating that his family (kids and mom) could have access to his medical records from his doctor. Stepmom has been lying about his condition. Ombudsman says dad is NOT incapacitated or incompetent. Stepmom has filed for guardianship. How do we contest this? If she has guardianship and dad wants to divorce her, is he able to do that?

An Ombudsman investigates ALFs, nursing homes, and such facilities for violations against residents by facilities. I've never heard of them making such investigations as you have posted nor making such statements regarding a person's competency, which is done via medical people such as psychiatrists.

Once a petition for guardianship is filed for an alleged incompetent, the court sends evaluators to the alleged incompetent. Dad has the right to hire his own attorney and so do you. The court will appoint an attorney to represent dad and only dad, but he may want to just hire his own attorney.