When you are a legal guardian and your status is being challenged, or if you are contesting the designation of another legal guardian, you need to consult with a proficient and knowledgeable guardianship attorney. Lastly, an attorney is going to be able to represent you in court, as required. Peeler, T.
Contested guardianship lawyers. Naming guardians in your will can be part of your estate plan. There are many considerations when naming guardians for your kids.
Let us help. Save my name, email, and website in this browser for the next time I comment. Regular Post. What Are Competing Guardianship Applications? How to Fight Back Against a Guardianship. Guardianship Attorney: How to Fight Back Against a Guardianship A guardian may be assigned by a probate court when an adult becomes incapacitated or is otherwise unable to make important decisions on their own.
Challenging Guardianship Eligibility Although specific requirements vary by state, all proposed guardians must meet certain eligibility standards in order to care for the proposed ward. Contesting the Finding of Incapacity If you or a loved one may be assigned a guardian based on a perception of incapacity, you can contest that finding on the basis that you or your loved one are able to make important decisions and manage the daily activities of living.
What Our Clients Say. Comprehensive and flexible approach to estate planning. Easy to work with. While discrete values can be assigned to how much money or available time is necessary for the guardian to provide adequate childcare, such values will differ on a case-by-case basis. The point here is that despite the existence of guardianship eligibility requirements , someone who ticks all of the boxes may not be the best person for the job — especially if you have doubts about matters such as their moral character or mental health that a judge cannot see.
This is not only a technically hard case to prove, but it can be an emotional one that can strain relations within your family. If the individual contests the guardianship, their attorney or guardian ad litem advocates on their behalf during the proceeding. Disagreements among family members about care of an aging loved one sometimes lead to a contested guardianship proceeding.
If you wish to file a guardianship petition or contest a petition filed by someone else, legal representation is not required but is strongly recommended. The substantive laws and procedural rules that apply in guardianship and contested guardianship proceedings are complex.
If you do not have a thorough understanding of all the legal aspects of guardianship, it will be difficult to be effective in presenting your position to the court.
A contested guardianship proceeding may involve conducting discovery such as depositions and interrogatories , pre-trial conferences, and negotiations for potential settlement of the issues in the case.
Participating in a guardianship hearing involves introducing evidence and examining witnesses, which requires an understanding of the legal rules of evidence and court process as well as courtroom skills. A probate litigation attorney with experience in guardianship proceedings knows the laws and rules that apply and has the necessary skill to handle all aspects of a contested guardianship proceeding.
If you need assistance with a situation that involves guardianship , our experienced probate litigation lawyers at BRMM are here to help.
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