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Home » Contested Guardianships » What rights do family members have over a guardianship?

The court makes decisions about who will serve as a guardian. It also monitors and watches over the guardianship.

But the court does not see everyday happenings. It cannot see everything that goes on. But family members will be privy to the regular interactions and conduct of the guardian. They may see something that is off or wrong, which is why they have the right to contest the guardianship.

Basic rights

Even under a guardianship, a person has some basic rights. They are still a human with civil rights and deserve fair and kind treatment.

The law allows families to monitor the guardianship. They have the right to check in on the person and review the care. They can ask to see financial records and check up on how the person is doing whenever they want. They can also speak with the guardian and ask questions.


The family can file a motion to alter the guardianship or extend their rights to check up on what is happening. They can ask for a court review of the arrangement or the guardian. They may ask for reports or changes to what reports they get. They also have the right to ask for modifications to the whole arrangement.

While a guardian is supposed to be the person watching out for the rights of the person under care, that does not always happen. The family is a safeguard for the person. They can watch out and make sure the guardian is doing a good job. If there are issues, the family has the right to bring them to the attention of the court.