Guardianship Law

Guardianship Litigation – “It’s Not About The Money”

Guardianship litigation can be a costly and stressful experience for everyone involved. If a guardian has been appointed, the court will be involved to ensure that the guardian is handling the client’s financial affairs appropriately.

If this happens, guardianship will likely be challenged. This article explores how guardianship litigation can be expensive, stressful, and even traumatic for the guardian, the adult client, and their family members. 

This is a difficult time for everyone, and guardians who cannot handle their client’s financial affairs make the task of being a guardian even more difficult than it has to be. Whether the guardian simply doesn’t know how to manage the guardianship responsibly or they are intentionally abusing their power, it may be time to contest their position.

If you wish to contest a guardian’s actions, it’s important to have an experienced guardianship lawyer in your corner. If you would like to speak with one, we invite you to call Doane & Doane today. You will meet with a guardianship lawyer who will guide and direct you in the best course of action moving forward.

Who Is Typically Involved In Guardianship Litigation?

Guardianship litigation can happen to anyone who has been appointed as a guardian. Guardianship litigation can be expensive and stressful for anyone involved. At the end of the day, it’s important to remember that litigation isn’t so much about the money as it is going about what’s right. Families just want to see their loved one’s wishes upheld and not overlooked due to poor guardianship.

Guardians with cognitive impairment may not even know they are not capable of handling their client’s finances, so they may be concerned that they are not capable of handling their own finances because a family member/ friend has been appointed as guardian.

What Guardianship Litigation Looks Like

Guardianship litigation will involve the guardian and adult client, their family members, and/or friends. In some guardianships, the only parties involved will be the guardian and the adult client’s family members. In other cases, the guardian, and their family members, friends, and/or hired attorneys will be involved.

The family and their attorneys will file a complaint in guardianship litigation. The complaint may include allegations that the guardian is not handling the client’s finances appropriately and/or that the guardian is abusing or neglecting the client.

If there is evidence to support these claims, the court will hold a hearing to determine if the client should be removed from guardianship.

Guardianship Litigation Costs Can Be Huge

Guardianship litigation can be expensive and a long and drawn-out battle that can involve lawyers and experts involved in the welfare of the adult client. Because guardianship litigation isn’t about the money, many family members are willing to foot the bill to see to it that their loved one’s best interests are honored.

Hiring an attorney can be expensive and even in cases where there are no experts involved. When guardianship is complicated, it can be difficult to determine how much litigation is going to cost. Guardians in more complicated cases may have very limited resources, so it can be difficult to determine what their litigation costs are going to be.

Is Guardianship Litigation Worth It?

Guardianship litigation should only be done if it is done carefully and only as a last resort. If your loved one is not in danger of being harmed by their current living situation, then it is not worth it. Guardianship litigation is expensive, time-consuming, and difficult. 

You have to be prepared to fight the battle over the person’s head. It is important to keep in mind that there are options to avoid guardianship litigation, such as making a durable power of attorney for health care and financial management, naming a trusted family member as an alternate guardian, or naming a guardian ad litem to help in the process and monitor the situation.

How to Decide if you Should Go for Guardianship Litigation

Before you even think about filing guardianship litigation, you should ask yourself a few questions. First, ask yourself if you have tried everything you know to do to get your loved one to make the right decisions. Have you tried explaining the consequences of their decision? 

Second, ask yourself if you really need guardianship litigation. If someone else is making the decisions you know your loved one would make better ones, then you might be able to resolve the matter on your own. And finally, ask yourself if you want to go through with guardianship litigation.

Do You Need a Guardianship Lawyer? Call Doane & Doane TodayDoane & Doane Attorneys at Law understand the intricacies of guardianship litigation and will work closely with you to ensure that things go smoothly. Contact our office today to speak with a guardianship lawyer. You can reach us at 561-656-0200. If you prefer, you may also contact us via our contact form.