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Contested guardianships: When there is trouble with a guardian

| Mar 12, 2019 | Contested Guardianships |

Do you have a friend or family member who was assigned a guardian to manage his or her care and finances? Do you have concerns about some of the actions and decisions that the guardian is making on behalf of your loved one? If you do, you can raise those concerns in a New Jersey court and seek to have the guardian removed from his or her role. Cases involving contested guardianships can be difficult to manage, but with the right assistance, you can do everything in your power to make sure your loved one is properly taken care of.

Sometimes elderly or disabled adults need someone to help them manage their assets and medical decisions. If they do not have powers of attorney in place, it is possible for anyone who would like to help them with these things to seek guardianship. A judge will get to decide whether the person seeking this role is fit for the job.

The guardian has to act in the best interests of the individual placed in their care. This means that he or she is making sure your loved one has decent housing, is receiving appropriate medical care and has all their financial needs met — among other things. The guardian will have complete control over this individual and his or her assets. It is a significant job and not everyone is cut out for it or in it for the right reasons.

If you believe that the guardian assigned to your loved one is not making decisions that are in his or her best interests, you would need to file the appropriate legal claim to have the guardianship changed. For a judge to even consider your request, you will need evidence that the guardian is not acting in the best interests of your loved one. An elder law attorney with experience handling cases involving contested guardianships can review the finer details of your claims and, if deemed appropriate, help you fight your case in a New Jersey court. To learn more about this topic, please visit our firm’s website.