Using a litigation lawyer to challenge a guardianship might be your best option. Before deciding to take on this task on your own, consider meeting with litigation attorneys to see how they can help.
When most people hear the word guardian, they immediately think of children whose parents have died. However that's not the only time you might be faced with a guardianship situation. Whether you know a child whose parent has become unable to care for him or her, or your parent or grandparent is suddenly unable to care for him or herself properly, you might know someone who needs a guardian.
Why Would You Challenge Guardianship
Most of the time, the person acting as the guardian is looking out for their ward's best interests. Sometimes though, there can be problems. The guardian could be mismanaging an elderly person's money, physically abusing them, neglecting them or more. Challenging a guardianship doesn't always have to happen because of conscious abuse though. Sometimes the guardians suddenly find themselves unable to care for their ward, but they might not realize it right away. In these cases, it's a good idea to protect your loved one and challenge the guardian's rights before serious harm occurs.
How To Challenge Guardianship Without A Lawyer
It's possible to challenge a guardian without using litigation attorneys. You will need to go to your local courthouse and fill out paperwork asking the courts to name you as the one responsible for the elderly person or minor child. Doing this yourself can be a good idea if you don't think there will be a conflict when requesting this change or if the current guardian no longer wants the responsibility of caring for the minor or elderly relative. To avoid family conflict or drama, consider talking to your relatives before you file a petition. They may agree that you're the best choice for the responsibility and hand over duties without a fuss.
Why Use A Litigation Attorney
However, if you think there will be a battle in order to gain guardianship over your loved one or if you need to prove neglect, abuse or mismanaged money, it's a good idea to hire a litigation attorney. Litigation attorneys who specialize in these issues will know which forms to fill out and more importantly, how to prove that you are the best option to take care of your loved one. A litigation lawyer will know what type of evidence you'll need and how to present it to the court to best help your chances of winning. In some cases, the ward might be unable to testify on their own behalf, which is why evidence and witnesses can be so important to your case.
Guardianship is a tricky situation and not handling it the right way can cause family strife and costly legal battles. Instead, try to talk to your family about determining who can best handle guardianship of a minor or elderly family member before using a litigation lawyer to challenge it in court. If you do require legal assistance, find litigation attorneys who can help you win in court. Your loved one's well-being depends on it.
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