In most situations, seeking a guardian for someone who needs one is a fairly straightforward process. But that process can be hindered by related litigious disputes. Guardianship litigation generally arises in four contexts.
The Need for Guardianship
Sometimes, the person who needs a guardian (the proposed ward) contests the necessity of a guardianship because he or she does not want a guardian. Other times, another person contests the necessity of a guardianship, often arguing that the proposed ward is capable of caring for him or herself or that an alternative to guardianship is more appropriate.
Choosing the Guardian
Disputes often arise over who should serve as guardian. For example, a proposed ward’s child may file an application to be appointed as guardian, but the proposed ward’s wife could intervene and argue that she would be more suitable. These disputes are not limited to family members—friends, co-workers, and neighbors are frequently involved.
By and large, actions taken by a guardian must be authorized by the court that appointed the guardian. Consequently, guardians must file applications with the court and seek permission to take a certain action. Those applications are often contested, and the attorneys at Ikard Law PC represent parties to those contests.
Complaints about Administration
While a guardian’s conduct may be under strict scrutiny and court oversight, lawsuits complaining of the guardian’s conduct are still common. At Ikard Law PC, we have represented both “sides” of these disputes.