Guardianship litigation can be a stressful experience for everyone involved. After all, it often involves family members and loved ones who are deeply concerned about the well-being of an individual who can no longer care for themselves.
Whether it’s due to aging, illness or other circumstances, the need for guardianship can arise unexpectedly, leading to disputes that require legal intervention. Here are three common reasons why guardianship litigation occurs.
Disputes over the need for guardianship
Family members may have differing opinions on the mental and physical capacity of the individual in question. For instance, one sibling might believe that their elderly parent can no longer manage their affairs due to dementia. In contrast, another sibling might argue that the parent can still make their own decisions.
These disputes often require a court to step in and evaluate the individual’s condition, sometimes involving medical professionals to provide assessments.
Conflicts over who gets to be the guardian
Even when everyone agrees that guardianship is necessary, conflicts can arise over who should be appointed. This is particularly common in families with multiple children or relatives who all want to take on the role. Each potential guardian may have different ideas about how to best care for the individual, leading to disagreements.
Courts typically consider the individual’s best interests, looking at factors such as the relationship between the potential guardian and the individual, the guardian’s ability to manage the individual’s affairs, and any expressed wishes of the individual.
Allegations of misconduct or abuse
Another significant reason for guardianship litigation is allegations of misconduct or abuse by a current guardian. Family members or other concerned parties may believe that the guardian is not acting in the best interests of the individual, whether through financial mismanagement, neglect or even physical abuse.
Guardianship litigation is often a last resort for families facing tough decisions about caring for a loved one. Understanding the common reasons for these disputes can help individuals navigate the process more effectively. Whether it’s a disagreement over the need for guardianship, conflicts about who should be the guardian or concerns about misconduct, the goal is always to ensure the best possible care and protection for the individual in need.