Handling Contested Guardianships

Handling Contested Guardianships

There may come a time when a loved one can no longer make their own personal, medical, or financial decisions. Here is where you may want to consider guardianship. But be aware that guardianship can sometimes lead to disagreements among family, caregivers, or others involved in a person’s well-being, which can result in contested guardianship proceedings.

These disputes can be emotionally charged and legally complex, especially when questions arise regarding the motives of the proposed guardian, the mental capacity of the individual or the best course of care. An estate planning attorney can help you understand what to expect with contested guardianships and can help families better prepare for the process.

Legal Challenges Involved

Contested guardianships can have several legal challenges that slow down and complicate court proceedings. One of the most common disputes concerns whether the person in question (often called the “ward” or “alleged incapacitated person”) needs a guardian at all. Family members may have different opinions about a person’s physical or mental limitations, especially if there is dementia, cognitive decline, or mental illness.

Another frequent problem is the disagreement about who should be the guardian. Several family members might want to take on the role, each thinking they are the most qualified to manage the care and finances of the person. Sometimes, accusations of financial exploitation, neglect or abuse come up, and the conflict can become even more heated.

The court must also decide whether there are adequate, less restrictive alternatives to protect the individual. Powers of attorney, healthcare proxies, or trusts might be enough to avoid a formal guardianship. If any of these documents are already in place, the court could rule against appointing a guardian unless there is proof that they are insufficient.

Because guardianship can mean an individual could lose specific legal rights, judges carefully review the evidence before granting one. Their decision will be based on medical evaluations, financial records, testimonies, and expert opinions.

Entitlements of All Parties

Each party in a contested guardianship case has legal rights. The incapacitated person must be informed of the proceedings, be present at hearings and be permitted to give evidence. In many jurisdictions, they also have the right to representation by an attorney, privately retained or a court appointed lawyer.

Others with an interest in the case -- family members, for example -- may also get involved by objecting to the proposed guardianship, challenging the choice of a particular guardian, or suggesting alternative care plans. Courts attempt to balance the safety and well-being of the individual against the protection of personal autonomy when possible.

The prospective guardian will need to demonstrate that they will act responsibly and in the ward's best interests. The courts generally consider the proposed guardian's financial circumstances, the nature of the relationship with the person, and the person's ability to make decisions regarding medical and personal care.

Court Procedures

Contested guardianship proceedings generally commence with the filing of a petition in the probate or family court. After the petition is filed, notices go out to all interested parties, and hearings are scheduled to take evidence.

They recommend whether the individual has the capacity and whether the recommended person is suitable to be the guardian. The court may direct investigators, medical persons, or guardians ad litem to make an independent assessment of the situation.

Testimony, medical records, and legal arguments can be brought to hearings by both sides. Mediation is sometimes encouraged as a way to help families resolve disputes outside of protracted litigation, because contested cases can be very adversarial.

The court’s primary responsibility is, ultimately, to protect the best interests of the individual while preserving as many personal rights as possible.

We Can Help You with All Areas of Estate Planning

You can eliminate unnecessary stress and expenses for your family when you pass away or become incapacitated. An estate plan will make things easier for your family while ensuring your wishes are followed.

Do not wait! Talk to one of the experienced estate planning attorneys at Bingaman Hess today at 610.374.8377 or contact us online.

This article is for informational purposes only and does not constitute legal advice. No one may rely on this information without consulting an attorney. Anyone who attempts to use this information without attorney consultation does so at their own risk. Bingaman Hess is not and shall never be responsible for anyone who uses this information. It is not legal advice.