CONTESTED GUARDIANSHIP ISSUES LAW FIRM STUART, MARTIN COUNTY
Stuart Estate Planning Lawyer
Guardianship is an arrangement where one person, known as the guardian, assumes legal responsibility for the care and provisions of another person, known as the ward. In many cases, this involves an adult caring for a minor; however, in many cases, it can involve an adult caring for another adult. For instance, guardianship can occur for disabled persons or for elderly persons.
Contested guardianship is where the guardian status of a person is challenged or called into question. This can happen if the person is not fulfilling their role as a guardian.
An example of a failure in guardianship is when the guardian fails to provide basic living necessities for the person. Contested guardianship is common in cases where neglect or abuse is an issue.
Cases Where Guardianship Is Contested
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.
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Whether you are a child, a potential guardian, or a current guardian, you may need professional legal counsel to deal with issues that you are facing. When these cases arise, you need an attorney you can trust. A member of our legal team will fight for a positive outcome in your case. For almost 100 years, we have been assisting clients just like you in their estate planning cases.
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