Trusting someone with the legal guardianship of a loved one is a big decision. While guardianships are designed to protect those who may not be able to take care of themselves, there are plenty of situations where the chosen arrangement might not be in the best interest of the dependent.
Many families don’t know how to fight guardianship. Gaslowitz Frankel’s attorneys have helped resolve these types of disputes for decades. In a nutshell – we know Georgia’s guardianship laws better than anybody, and we’re here to guide you through the objection process.
Related Article: Guardianship vs. Conservatorship: Are Both Always Necessary?
Guardianships Can Be Objected To
It’s often thought that guardianships are closed matters and cannot be questioned. But a petition for guardianship can be contested. We know how to fight guardianship. A guardianship arrangement that may have been a good fit in the beginning may not be the best fit now. Circumstances can change, and it’s quite common for concerns to arise regarding the appointed guardian. A good attorney will understand the facts of your unique situation and help you position your petition so that it has the highest potential for success.
Here are a few red flags to look for:
Conflict of Interest:
If a conflict of interest exists between the guardian and the dependent, you could have a strong case for an objection. Examples of a conflict of interest include any financial gains, personal relationships, or other situations that have the potential to compromise the guardian’s ability to act in the best interests of your loved one.
Negligence or Abuse:
Any allegations of negligence or abuse by the guardian also warrant an immediate investigation and/or petition. If you have concerns about the safety and well-being of the dependent in question, get to a guardianship attorney for a legal consultation as soon as possible.
Failure to Act in their Best Interest:
This one is similar to the conflict of interest objection. Essentially, it’s the duty of a guardian to act in the best interest of the dependent. If you have any evidence to the contrary, it could be considered a failure of fiduciary duty – which is a serious concern. For example, a guardian may be neglecting medical needs or mishandling finances, and even though there is no conflict of interest involved, they are still doing a disservice to the dependent.
What To Do After A Guardian Is Appointed
Once a guardian is appointed, it’s important to proactively monitor the situation if you have any concerns. A guardianship dispute is only as strong as the evidence you present. And if there isn’t any substantiating evidence to your claims, it’ll hurt your chances in court.
If you’re worried about how to fight a guardianship, we recommend starting with these steps:
Document Your Concerns:
Keep detailed records of any actions or behaviors that raise concerns about the guardian’s suitability. This documentation can be a really helpful tool to have once the dispute is filed.
Consult with an Attorney:
Seeking legal advice from a guardianship attorney should be one of the first things you do if you are thinking about objecting. The earlier you can connect with legal counsel, the more prepared you will be to argue your case’s merits to the court.
Gather Evidence:
Ultimately, it all boils down to evidence. Strengthen your case by gathering relevant evidence that supports your objection. This could even include witness statements, or any other proof that there has been a breach of fiduciary duty.
Related Article: How to Protect Yourself from Predatory Guardianship
Connect With A Guardianship Attorney
Here at Gaslowitz Frankel, our goal is always to advocate for the best outcome for our clients. The key to a successful outcome regardless of the path you choose to take is connecting with an attorney from the very beginning.
If you are seeking help finding a resolution for a will and trust dispute, we’re here to help. Contact us by filling out our contact form for a free consultation about your case.
Fill out our contact form for a free consultation.
