Understanding Contested Guardianship

We have all heard about guardianship and know all too well what it is. A legal guardian is any person who takes care of another person’s affairs. The guardian has full authority to make decisions on behalf of the protected person. However, after the court establishes guardianship of a child or an elder, the decision may be disputed. 

If the protected person or anyone else feels that the appointed guardian is not fit for the role, they can challenge or contest the decision. Whether you want to transfer the guardianship to yourself or another person or simply wish to terminate the guardianship, a Texas guardianship attorney can help you develop a strategy. 

What is contested guardianship?

Guardianship is a legal responsibility for a person appointed to an individual by the probate court. The individual is known as the legal guardian and has the authority to make personal, financial, and medical decisions on behalf of the protected person. In most cases, the ward is a minor child or an older adult. However, guardianship has no limitations regarding the age of the ward. 

A contested guardianship refers to a situation when the guardian status of an individual is disputed, doubted, or contested. If someone feels that the person is not capable of being a legal guardian, they can challenge the court’s decision. This mostly happens when the legal guardian shows signs of neglect toward the protected person. 

For example, when the guardian is unable to provide the basic living necessities for the ward, such as food, clothing, shelter, etc. Most cases of a contested guardian are associated with abuse or carelessness. More information visit this site: mynewsport

Do you have a valid reason for challenging guardianship?

Before the court appoints a guardian for a minor child or an older adult, it considers a wide array of factors to make sure the ward receives the utmost care. The court intends to select a person who is fully capable of providing financial, emotional, and medical care to the ward. However, some evidence may not be thoroughly investigated, which leads to a wrong decision. Visit this site for more information: rtsnet.

Following are the most common reasons for terminating guardianship.

  • Guardian is not financially capable of supporting the ward.
  • Guardian inflicts emotional, verbal, and physical harm or abuse to the ward.
  • Guardian has an addiction problem. 
  • Guardian has committed a serious crime. 
  • Guardian is generally unfit to care for the ward. 

You may also contest a guardianship agreement if you feel that you or another person is more fit for the role. Click here and show more information: newstheater.

Whether you want to contest a guardianship or protect your position as a guardian, an attorney can help. An experienced attorney can explain the state’s laws about guardianship to make sure you make no errors. Guardianship cases can be emotional, and the help of an expert can help move the process smoothly. For more information visit this site: coschedules