When senior citizens become unable to manger their financial or personal affairs, a legal guardian can act in their best interests. Often, relatives jump in this role as a legal guardian. When siblings, adult children, grandchildren or other relatives have differing opinions over how the guardianship should be handled, guardian disputes can become highly contested.
We have seen emotions suddenly spiral out of control when one side accuses the other side of caring less or acting out of manipulation. We try to cut through any raw emotions focused on protecting the individual's best interests. Guardianship disputes are generally based on the struggle over autonomy versus an individual's safety. No matter which side of the coin you are on, we have the skills and legal resources to advocate for your loved one's best interests.
Guardianship Disputes Depend on Substantial Evidence
Every guardianship dispute is fact-specific based on unique family dynamics. Generally, probate court does not view either party in a negative light. Each side is pressed to show that they are making decisions in their loved one's best interests or that the opposing side has failed to do that.
Our probate litigation attorneys have decades of experience preparing guardianship disputes for a favorable trial verdict. We don't just rely on opinions of family members, because each side will have their opinions. We focus on building our case based on factual financial and medical testimony. Our legal team regularly consults forensic specialists who can be invaluable in helping us show the ward is financially exploited by someone seeking his or her own financial gain.
We may also bring in medical experts who can testify whether or not the guardianship would be in the ward's best interests. Every guardianship dispute hinges on expert analysis. We will pursue a strategy based on the information uncovered that would be in your loved one's best interests.
- Estate and Tax Planning Alert: Potential for Reduced Federal Estate & Gift Tax Exemption Amounts
- Free Britney!?: The Conservatorship of Britney Spears
- World Elder Abuse Awareness Day
- Ohio Probate Law Journal Article May/June 2021
- E-Book: Should I Challenge My Inheritance?
- New Probate Legislation Expands Guardian Powers, Clarifies Spousal Rights
- Doing our Part to Support Elder Justice
- Fairness and Fees in Inheritance Disputes
- Say What You Mean: Don’t Bet the Farm on Imprecise Language
- Should I Challenge My Inheritance? Part Five: What to Consider When Selecting Counsel