why lawyer contests elder guardianship

by Michale Lehner IV 5 min read

A contested guardianship refers to a situation in which the guardian status of a person is challenged, or called into question. This most commonly occurs when the legal guardian is not fulfilling their role as guardian. An example of this would be when the guardian fails to provide basic living necessities for their ward.

Full Answer

What does it mean to contest guardianship?

Contested guardianship is commonly connected with neglect or abuse. When challenging or contesting a guardianship arrangement, the lawsuit could involve multiple parties challenging the previous court order appointing the guardian. How Does the Court Determine Who Is Fit to Be a Guardian?

Do I need a lawyer for an elderly guardianship?

Elderly guardianships are complex and have important consequences. If you're considering guardianship for yourself or for a loved one, or if you're thinking about serving as a guardian, you should consult with an attorney who specializes in elder law. Meeting with a lawyer can help you understand your options and how to best protect your rights.

What are the pros and cons of elderly guardianship?

The purpose and hoped-for benefit of elderly guardianship is that an elderly person who is no longer capable of caring for himself or herself receives proper care. However, there are several drawbacks that may come with guardianship.

What is elderly guardianship or elderly conservatorship?

... Elderly guardianship, also known as elderly conservatorship, is a legal relationship created when a court appoints an individual to care for an elderly person who is no longer able to care for himself or herself. The appointed guardian has certain duties and responsibilities to the elderly person.


What are the disadvantages of guardianship?

A guardianship proceeding may become costly if contested. The alleged incompetent person or other family member(s) can contest a proposed guardianship. There may be an unnecessary infringement of the alleged incapacitated person's privacy, freedom and loss of decision-making authority.

How hard is it to terminate guardianship in California?

A guardian can resign. But first, there must be a court hearing. And you must give notice of the hearing to all relatives who were notified of your appointment as guardian. You must show the court that it would be in the child's best interest for you to resign.

What are the benefits of a conservatorship?

One of the primary advantages of a conservatorship is that the court maintains supervision and control over the conservator throughout the entire process. This continuous supervision provides significant protection for the conservatee. The most important decisions must be made with court permission.

How hard is it to terminate guardianship in Michigan?

Guardian Resignation A guardian may request court approval of the guardian's resignation by submitting a petition and filing a report with the court. On approval of the report and acceptance of the resignation, the court has authority to make other appropriate orders, including termination of the guardianship.

Can a guardian be held liable?

However, a guardian may be held liable if they have failed in taking reasonable steps to assure that the protected person receives proper care and services, or the guardian has improperly managed the protected person's property or finances.

What is a 388 motion in California?

A 388 petition is typically brought to request a hearing to modify, change, or set aside a previous court order, or to terminate juvenile court jurisdiction, on the ground that there are changed circumstances or new evidence. Any change or modification of a previous order may be sought by a 388 petition.

What are the 7 powers of conservatorship?

A limited conservator may ask the court to give you the following 7 powers:Fix the conservatee's residence or dwelling.Access the conservatee's confidential records or paper.Consent or withhold consent to marriage on behalf of the conservatee.Enter into contracts on behalf of the conservatee.More items...

What are the pros and cons of conservatorship?

The pros are that a conservatorship provides the greatest flexibility in being able to manage the changing needs of the subject person, arranging long term care, housing and being able to contract with providers as needed. As for the cons, conservatorships are time-consuming and expensive.

What is it like being under a conservatorship?

Though laws can vary from state to state, in general, a conservatorship is like a guardianship. The difference is that while a guardian takes care of an adult's personal needs, a conservator takes care of their property and financial needs. Sometimes, a person may need both.

How long does guardianship last in Michigan?

Types of Guardianship A temporary guardianship can only last up to six months. Any person who has an interest in the welfare of a minor, including the minor if 14 years of age, may file a petition with the court for appointment of a guardian for a minor.

What does full guardianship mean in Michigan?

The person who is appointed as a guardian by the probate court is legally responsible for caring for a person and making necessary related decisions, including healthcare and living arrangements. When there are substantial assets involved, a guardian does not have responsibility for the individual's financial matters.

How do you get a conservatorship in Michigan?

Michigan courts have broad authority to appoint a conservator for an individual who can no longer manage their own financial matters. Establishing a conservatorship requires filing a petition with a court that has jurisdiction. Complex statutes govern the protective proceeding and the process for appointment.