Contest a Guardianship

Contest a Guardianship

Contesting the Appointment of a Guardian and/or Conservator

Everyone feels strongly about their family members, and especially family members that are unable to care for themselves. Once it has been determined that a family member cannot care for themselves, the next step is to request the appointment of a Guardian and/or Conservator.

Normally, this process goes smoothly. However, other times it may become contentious if the parties feel that the proposed Guardian and/or Conservator may not always act in the best interests of the ward. The way to resolve this dispute is either through negotiation and compromise, or through a trial.

In a trial, the principal issue is what is in the Ward’s best interest. The interested parties then have an opportunity to be heard and present evidence regarding the Ward’s incapacity, and how his or her best interests would (or would not) be served by the appointment of the proposed Guardian and/or Conservator.

Whether you are contesting the appointment of a Guardian and/or Conservator, or have had your appointment contested, you need to be represented by counsel. If the contest proceeds to trial, like every trial, it is best handled by a professional. An attorney can help insulate you from some of the trauma of the process, and also present the most effective factual and legal case on your behalf.