Challenges to Guardianship and Conservatorship
Guardianship and Conservatorship are important legal mechanisms, but an attempt to limit someone’s rights can have dangerous implications.
When a family member goes through the process of seeking a Guardianship or Conservatorship, they usually have goof reason for doing so. But unfortunately, people sometimes seek this grant of authority for the wrong reasons. If you feel that someone is attempting to obtain, or has already obtained, a Guardianship or Conservatorship with questionable motives, then you should seek counsel for yourself or your loved one.
Upon filling a Guardianship or Conservatorship Petition, the Court will issue a Citation, which must be served on the proposed ward and certain close family members. This should ensure that a competent individual has the opportunity to object to the proceeding, and preserve their rights. Furthermore, the court has methods in place for an allegedly incapacitated person to challenge a Guardianship or Conservatorship that has already been granted. Navigating these protective mechanisms can be difficult, but gravely important.
Furthermore, if there is uncertainty as to the propriety of a Guardian or Conservator’s actions, any interested person may petition the court to order an investigation into the alleged impropriety, often by requiring an account. This intermediate measure may uncover the need for further removal proceedings, or may bring peace of mind to the family involved.