Issues can often arise in estate planning that makes the process seem convoluted. Sometimes there are disputes over various aspects of probate and will. One of the issues that can arise is a contested guardianship. Guardianship is often decided in a will and deals with who will be deemed the legal guardian or guardians in the event of death.
Guardianship can be contested by a number of parties. For one, it may be contested by the holder of the will. This might happen in the event that a parent loses their ability to make decisions based on their health.
If they wish to contest a guardianship decision, they may be obligated to do things like submit a complaint and obtain medical examinations. Guardianship may also be contested by those being placed under that guardianship (i.e. the children). In these cases, an evaluation must be made to determine which guardian would be in the children’s best interests. Issues may also arise when dealing with power of attorney. If you are facing a guardianship issue of any kind and you need professional legal help, then please get in touch with our firm.