Most of the time, finding a guardian for someone who needs one is a simple procedure. But related contentious disputes may impede that process. Sometimes the proposed ward, the individual who requires a guardian, opposes the need for a guardianship because they do not want one. Other times, someone opposes the need for a guardianship, frequently claiming that the intended ward is capable of taking care of herself or himself or that a different arrangement would be more appropriate.
Who should act as the guardian also sparks disagreements. For instance, a proposed ward’s wife may intervene and make the case that she would be a better choice as a guardian than the proposed ward’s child.
In general, a guardian’s acts must be approved by the court that appointed them. As a result, guardians must apply to the court and ask for authorization before doing something. These applications are frequently challenged, and the lawyers at ShuffieldLowman can help.
Furthermore, although a guardian’s actions may be closely monitored by the court and subject to stringent examination, lawsuits that criticize the guardian’s conduct are still common. Our Guardianship Litigation attorneys have advocated for both “sides” in these conflicts.