If you have a loved one who has or needs a Guardianship, the person appointed as Guardian should be able to adequately manage the person’s affairs. However, in some circumstances you may want to contest the guardianship. But when might you want to contest a guardianship, and what does that involve?
What is a Guardianship?
In simple terms, a guardianship is typically a court appointed person who is authorized to handle the affairs of a person in need. The person in need is referred to as a “ward”. The guardian is responsible for ensuring the ward’s well-being. The guardian may also be responsible for handling the ward’s finances and paying the ward’s bills. To manage the ward’s affairs, a guardian may be given extensive power over the ward, including the authority to make financial, medical, or legal decisions on their ward’s behalf.
Why Might You Want to Contest a Guardianship?
In some cases, it may become necessary to contest a guardianship to protect the ward. The person looking to become the guardian could have ulterior motives such as to control the ward’s finances or to manipulate the ward. Even financial institutions and care facilities have been know to commence guardianships to gain control over a person’s finances.
You might also contest a guardianship if the ward has recovered from an illness and no longer requires assistance. Other reasons to contest a guardian or the guardianship could be due to the guardian’s failure to monitor the ward’s funds, failure to pay the ward’s bills, physical or emotional abusive towards their ward, or exploiting the ward financially.
What Does a Guardianship Contest Involve?
To contest a guardianship, you must go to the court that has jurisdiction over the guardianship and file an application seeking to terminate or contest the guardianship. At that point, you will be required to provide evidence that the guardianship should be terminated or modified, such as by appointing a new guardian or by terminating the guardianship entirely. Your evidence might include showing the ward’s changing physical or mental status, or showing signs of potential abuse or neglect that the ward may be experiencing.
What Should You Do?
If you have a loved one in a guardianship that you wish to contest, you should speak to a lawyer with experience handling guardianship law matters. They can help you to go over your legal options, and devise a legal strategy that protects both your interests and the interests of your loved ones. The sooner you call, the sooner we can work to help you with your case.
If you or a loved one are dealing with legal issues related to guardianships, 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.
