Contesting Or Transferring A Guardianship

Guardianship is designed to provide peace of mind for families that a loved one will be taken care of. Ideally, this allows for streamlined decision-making and reduces the possibility of conflict among family members. There are situations where disagreements may turn into full-blown legal disputes. In these cases, you need an experienced guardianship lawyer to help you advocate for your rights and what is in your loved one's best interests.

When Guardianship May Be Challenged

Common scenarios when one may seek to challenge the appointment of a guardian is when there are concerns that the guardian has engaged in questionable monetary actions that are not in a ward's best interests, or questionable physical care of the ward that goes against family wishes. In these cases, a court may review the guardianship and determine whether it is appropriate to remove the guardian and appoint an alternative. Our firm represents those both seeking to challenge guardianship and those wishing to continue their duties as guardians.

Another scenario is when a non-blood relative loved one does not agree with the appointment of a blood relative guardian by the court. Although in general courts will give special consideration to blood relatives, there may be circumstances in which a non-blood relative would be a preferable guardian. In these cases as well, we can advocate on behalf of appointed guardians and others who disagree with a court's decision.

When Guardianship May Be Surrendered Or Transferred

Sometimes, a guardian may find that he or she is simply unable to continue serving in a guardianship capacity. We assist people who seek to resign as guardians and help families in the appointment of successor guardians.

Another common situation requiring qualified legal assistance arises when a ward (the individual subject to guardianship) is moved from one jurisdiction to another. In these cases, a guardian will need to file a transfer of guardianship and a new guardian will need to be appointed. We help guardians and families with these legal formalities.

Contact Us For A Free Consultation

To learn how we can help you with guardianship-related issues, call our Fort Myers office at 239-344-9430 (877-243-1624 toll free) or send an email. Our attorneys look forward to the opportunity to help you.