It would be nice to think that when you leave a loved one in the care of a legal guardian, you can trust that everything will be taken care of. Under certain circumstances, however, it may become necessary to have the court review a guardianship for the well-being of your loved one. But what exactly is a guardianship challenge, and how might you deal with one?
What is a Guardianship Challenge?
In simple terms, a guardianship challenge is when someone chooses to challenge an existing guardianship because there are problems with how the guardian is handling their duties. Typically, a challenge is done to protect the well-being of the ward, who is the person being cared for by the guardian. In some cases, though, it may happen because the guardianship is no longer necessary, perhaps because the ward is capable of handling their own affairs.
Why Might You Start a Guardianship Challenge?
Typically, a guardianship challenge happens for several reasons: either the current guardian is not doing their job, they are mistreating their ward, or the guardianship is no longer necessary. This may mean, for example, that the guardian is not taking appropriate care to make sure that their ward is getting everything they need, or they are not using the ward’s funds for the ward’s benefit. It could also mean that they are physically or emotionally abusing their ward, or that they are mishandling their ward’s money or property.
How Does a Guardianship Challenge Work?
Generally speaking, a guardianship challenge is initiated by someone who is seeking to modify or end the guardianship, which can be initiated by the ward themselves, or it may be someone else outside of the guardianship. They then petition the court and provide evidence that the guardianship should be modified, such as by replacing the current guardian with someone else, or by changing the terms of the guardianship, or it can mean they will seek to end the guardianship. The court then considers this evidence against any countervailing evidence, and decides what the best course of action might be.
What Should You Do?
If you have a loved one in a guardianship and you are looking to challenge it, you should speak to a lawyer with experience handling guardianship law. They can help you review all of your potential legal options, and create a legal strategy that best suits your situation. The sooner you call, the sooner they can get to work for you.
If you or a loved one are dealing with legal issues related to estate planning, or you are dealing with any other issue related to elder law, you will need specialized legal advice. The attorneys at Hobson-Williams, P.C. are skilled in all aspects of elder law, and are dedicated to representing clients with diligence and compassion. To speak to an attorney or to schedule a consultation, call 866-825-1LAW.
