Legal Guardianship Lawsuits

Where You Need a Lawyer:

(This may not be the same place you live)

At No Cost! 

 What Are Some Legal Guardianship Issues?

Guardianship is assigned in situations where an individual cannot care for themselves. The court manages how a guardian will be appointed. However, other legal challenges can be brought against the guardian. This legal process occurs when an individual cannot manage some aspects of their life. But not all guardianships are the same.

For instance, the elderly may be unable to choose the person responsible for caring for them. This can further lead to issues of abuse, such as neglect. It may also lead to issues with financial abuse and abuse in general. The guardian can place the other party in a facility and even cause serious problems that can take years to mitigate.

One of the most common legal issues with guardianship is a contested situation. In this case, the arrangement set by the court will be challenged, which means that the guardian is not fulfilling their roles and duties. An example of this may be that they are failing to meet the requirements set for them as a guardian and are not meeting the necessities for that individual. The person under the guardianship will contest and challenge this arrangement. Contested guardianships happen due to abuse, neglect, and severe lack of these duties. You can reach out to a lawyer to initiate the contested guardianship case.

Furthermore, in guardianship, there could be physical abuse and financial abuse. The negative impact of abuse can lead to more mental and physical problems in the future. Since some guardianships are people you do not know, abuse is widespread. Typically, this is an abuse of power or money. For example, the guardian can take money without permission or move funds around to cover their tracks. In either case, there is financial abuse.

Besides abuse in guardianship, neglect can also be present. This is more significant to the person under guardianship whose necessities are ignored. This can encompass food, housing, and clothing. Some situations warrant neglect. For instance, if the person moves into the nursing home and is being abused. The guardian may not look to the person’s interests and ignore their desires completely. Moreover, if the other party has no financial resources to provide for living, they may suffer immensely under the new guardianship.

If the person under the guardianship suffers because of the guardian, they can lose contact with family and friends. This occurs in situations of isolation. For instance, if there has been a loss of contact for long periods, they might assume that the family member is unavailable.

However, most elderly folk cannot travel or may not have access to a phone. This makes it more challenging for them to keep in touch with their loved ones. Additionally, these loved ones may not be aware if there is an address change or if the guardian moves the person out of the house or current residence.

Lastly, each state has its regulations when it comes to guardianship cases. Therefore, it may be useful to consider how your state handles these types of cases. Generally, legal proceedings are a must to contest the situation in guardianship cases. The courts will review all relevant factors and determine if the guardian can continue with the ward’s guardianship.

The factors utilized will focus mainly on the relationship of the guardianship. The judge will decide based on these factors to determine how the guardian handles financial matters, mental health, and physical health—also determine whether the situation should be temporary or permanent to support a change or maintain the current situation.

What Are the Different Types of Guardianship?

All states have different types of guard ships, depending on how they operate, based on your state. The most common one is guardianship over the person. This type of guardianship means that the guardian is responsible for the care of the protected person. The guardian will oversee their day-to-day affairs and make decisions on their behalf. These decisions would be personal, financial, medical, and other matters related to their well-being. If the guardian controls a child, they will decide in their best interest.

Another type of guardianship is over the estate. This is mainly to make financial decisions for the person. The primary purpose of this guardianship is to protect their property and make important financial arrangements. Court approval is usually required to spend or sell any of the person’s assets, even after the guardianship is granted.

Lastly is the guardianship over the person and estate. This sort of guardianship encompasses both aspects of the relationship mentioned above. It allows the guardian to make personal, medical, and financial decisions for the protected person.

How Long Does a Guardianship Last?

Guardianship over an adult lasts until they can independently care for themselves. The guardianship will also terminate once the protected person passes away. However, if a child is involved in the guardianship, it will end once the child turns 18. In another scenario, if the child completes high school, it will terminate, whichever happens first.

There are time limits for applying for the termination of the guardianship. Research the rules in your local state to understand the timeline. If you need more information, you can visit the local state guardianship website or seek a lawyer for more guidance.

What Rights Are at Stake in a Guardianship Case?

Guardianship includes a broad spectrum of rights for an individual. These vary depending on which state you reside in. Remember that when a court assigns a guardian, the court may remove the individual’s right to:

  • Enter into a marriage with someone;
  • Make end-of-life decisions;
  • Provide consent to medical treatment;
  • Hold a driving license;
  • Determine residence;
  • Cannot own or possess a firearm;
  • Cannot buy, oversee, or sell property; buy or sell;
  • Go to polling stations to exercise the right to vote and;
  • Enter into a contract with anyone.

Once a guardian is assigned, the court needs to specify the range of their authority. Most of these restrictions are based on the notion that a person cannot make these decisions independently and cannot benefit from them. Therefore, the guardian is in place to act on their behalf and make decisions for them that best represent that person’s interests.

Once Appointed, Are there Standards for Guardians to Follow in Making Decisions?

Guardians must adhere to the court order and follow state regulations regarding guardianship. However, most guardians need more guidance on how to proceed and what the standards of practice should be like. The National Guardianship Association has Ethical Principles and Standards of Practice that show them such guidance.

The guardian needs to consider the person’s personal preferences and what they want in their life. The guardian can consult them as needed; if they can express their wishes, then the guardian should decide based on this and seek to follow their best interests.

When Do I Need to Contact a Lawyer?

Legal guardianship lawsuits can arise in several situations. If you are under guardianship and are dealing with some issues, do not hesitate to contact a local guardianship lawyer in your area for guidance. Your attorney can provide you with the legal advice and representation needed for your case.

Legal guardianship cases can be complex, but a lawyer can research the laws in your area to determine what your legal rights and options are moving forward. If you have any questions or if any disputes arise, your lawyer can also provide responses according to your situation and needs.

Save Time and Money - Speak With a Lawyer Right Away

  • Buy one 30-minute consultation call or subscribe for unlimited calls
  • Subscription includes access to unlimited consultation calls at a reduced price
  • Receive quick expert feedback or review your DIY legal documents
  • Have peace of mind without a long wait or industry standard retainer
  • Get the right guidance - Schedule a call with a lawyer today!

16 people have successfully posted their cases

Find a Lawyer