Contesting Guardianship

A guardian is someone other than a parent that a court appoints to care for a ward, whether a minor child or an adult with a physical or mental debilitation. Although probate courts exercise due diligence in appointing guardians, some individuals might not be happy with the ruling or appointment.

If you question the suitability of an appointed guardian, you can file a motion to contest the guardianship. You do not need a lawyer to file a motion. However, having legal representation can strengthen your case and increase the likelihood of the best possible outcome for the person under the guardian’s care.

What It Means to Contest Guardianship

When someone contests guardianship, they object to a court’s appointment of an individual as a ward’s guardian. Their objection is typically based on doubts about the legal guardian’s suitability to provide care. They might also contend that the current guardian is not fulfilling their duties adequately. Suspected abuse and neglect are additional reasons for contesting guardianship. A ward can dispute the guardianship on their own behalf if they want to provide evidence that they can care for themselves.

Anyone can contest guardianship if they can argue that the current appointment diminishes the ward’s well-being. One or more persons can contest the appointment, especially when more than one individual seeks guardianship for the same ward.

The Process of Contesting Guardianship

The contesting party must file a motion detailing their objection with the probate court in the ward’s jurisdiction. The motion can request that the guardianship end, be changed, or be limited. A ward under guardianship can also file a motion, and they can request legal representation.

Regardless of the case or who files the motion, the court holds a hearing and listens to all parties’ arguments. After hearing all the evidence, the judge renders a ruling, whether it is to maintain current guardianship or to reassign it to an interim guardian.

Typically, judges do not approach guardianship disputes with predetermined notions of who is at fault. Instead, a court hearing is based on facts and evidence, not opinion. Each side has the burden of showing they have the ward’s best interests in mind or that the other party has failed in their duties.

Evidence often includes witness testimony providing factual, medical, and financial information. A lawyer might also call medical experts or other professionals to testify to the guardian’s ability to care for a ward’s well-being.

The Role of a Probate Lawyer Contesting Guardianship

If you oppose the appointment of a guardian and want to dispute it, emotions can easily overcome rational and calm thinking. It can be challenging to stand by when you believe an appointed guardian is abusing, neglecting, or financially manipulating your loved one. Getting help from a lawyer can help you navigate the process while coping with these raw emotions.

It is essential to find an attorney skilled at arguing any side of a guardianship dispute as long as they understand your loved one’s best interests. They should be able to identify the types of evidence that will support your case. They also have connections with medical and other experts who can be called on to give reliable testimony.

Successfully contesting a guardianship appointment usually requires the guidance of an attorney experienced in probate matters. For help with guardianship or any other probate case, contact Donnellon, Donnellon & Miller today at 513.891.7087.