Guardianship Litigation is advocacy when a family member’s capacity or a person’s fitness to serve as a guardian is in question.
There are two types of guardianships: guardianship of the person and guardianship of the estate. A guardianship of the person provides protections for an incapacitated person’s physical needs, such as where the incapacitated person will live and making medical decisions. A guardianship of the estate provides protections for an incapacitated person’s property.
Guardianship litigation typically arises from disputes over who is the most appropriate person to serve as the incapacitated person’s guardian. Litigation also arises when an appointed guardian has allegedly neglected the incapacitated person, stolen the incapacitated person’s money, or is not fulfilling court orders. Guardianship cases are incredibly emotionally charged because they usually involve the care of a loved one where multiple family members have different opinions about what is best for their family member.
It is imperative to retain legal representation that is experienced and familiar with the issues in this type of litigation to ensure that the best interest of your loved one and their property is at the center of the dispute and resolution.