Attorneys Stephen Korshak and Lee Karina Dani

When can you contest the appointment of a guardian?

On Behalf of | Nov 1, 2023 | Guardianships |

When the court appoints a guardian for an individual, it’s typically done in the best interest of the person involved. However, there are situations where you might believe that the appointment of a guardian is not in the individual’s best interest. In such cases, you have the right to contest the appointment of a guardian.

Guardianship is a relationship where one person is granted authority to make decisions on behalf of another person. This relationship is typically established when the court determines that the ward cannot make sound decisions independently, often due to mental incapacity, disability or age.

Valid reasons for contesting a guardian appointment

Contesting the appointment of a guardian is not a decision to be taken lightly, as it involves challenging a legal process. However, there are valid reasons for contesting a guardian appointment, and these reasons are essential to help protect the rights and well-being of the ward.

One of the primary reasons to contest a guardian appointment involves a lack of due process in the legal proceedings. Due process helps ensure that all parties involved are treated fairly and their rights are protected. In some cases, the ward may have the capacity to express their preferences regarding the appointment of a guardian. If the ward’s wishes were not considered during the appointment process, you can contest it on their behalf, especially if their choice aligns with their best interests.

Guardians are often responsible for managing the ward’s finances. If you suspect financial mismanagement or any form of exploitation, this can be a strong reason to contest the appointment as well.

Seeking legal representation is advisable when considering contesting a guardianship appointment. A seasoned professional can help you to navigate the legal processes involved.