Guardianship Disputes

The law presumes an individual is competent until a finding of incapacity is made, with due consideration for the legal rights of the alleged incapacitated person. Therefore, in a guardianship proceeding the alleged incapacitated person is entitled to an attorney, even if he or she cannot afford one; and the right to a jury trial on the issue of incapacity.

Family members and friends of the alleged incapacitated person generally have the right to appear in the proceeding, file pleadings and attend the court hearing on the petition. This often occurs when there is disagreement over whether a Guardianship is needed, or who should be appointed Guardian.

If a guardian is appointed, those with a legitimate interest in the Ward’s affairs have the right to advance notice of any motion by the Guardian for court approval of any financial accounting, care plan, extraordinary financial transaction, or any other action requiring court approval; and to file an objection, if warranted.

We have experience handling both contested and uncontested guardianship matters. If you think a guardianship may be necessary for a friend or loved one, or if you are an interested party in an ongoing guardianship proceeding, call us at (425) 455-5513, toll free at (877) 455-5513, or send us an email.