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Can you contest a guardianship?

On Behalf of | Jul 1, 2024 | Estate Administration

Guardianship is a legal process where a court appoints someone to make decisions for another person who cannot make decisions on their own. Sometimes, this process can be necessary, but there are cases where the decision to appoint a guardian may be disputed. 

Understanding how to contest a guardianship is important for those who have concerns about the person under guardianship or the guardian.

Reasons to contest a guardianship

There are several reasons why someone might want to contest a guardianship. One reason could be that the person placed under guardianship is actually capable of making their own decisions. Another reason might be that the appointed guardian is not acting in the best interest of the person under guardianship. 

There could also be a concern that the guardian is mismanaging finances or neglecting their responsibilities. You must have valid reasons and evidence when contesting a guardianship.

Steps to contest a guardianship

Contesting a guardianship involves a few important steps:

  • First, gather evidence to support the claim. This might include medical records, financial documents, and witness statements. 
  • Next, file a petition with the court that appointed the guardian. The petition should explain why the guardianship is being contested and provide supporting evidence. 
  • After filing the petition, both sides will have a court hearing at which they can present their cases. 

It is important to prepare and gather all the necessary documentation ready for the hearing.

Legal assistance and support

Seeking legal assistance can be very helpful when contesting a guardianship. An attorney who specializes in guardianship cases can provide valuable information and represent the person contesting the guardianship in court. 

Additionally, support from family and friends can be beneficial during this emotionally challenging process.

Contesting a guardianship is a serious matter that requires careful consideration and preparation. Understanding the reasons for contesting and the steps involved can help ensure that the process is handled correctly.