Contesting A Guardianship

If you or your loved one is trapped in a guardianship that is no longer needed, it may feel hopeless and frustrating. However, there are legal options that are available to you. A guardianship is a legal tool that allows a court-appointed guardian to make financial and healthcare decisions on behalf of an individual who lacks the capacity to make those decisions for themselves. This arrangement is a severe restriction of rights, and should only be implemented when absolutely necessary. For this reason, if you or your loved one no longer lack the capacity to act in your own best interest, you have standing to challenge the guardianship.

Challenging a Guardianship

Any interested party may challenge an existing guardianship. In most cases, this means that any family member or spouse of an individual under guardianship may challenge the guardianship. Of course, the individual under a guardianship always has standing to challenge it, and may be provided a guardian ad litem to represent their rights and interests in court when doing so. In order to succeed in contesting the guardianship, you will have to demonstrate that the individual under guardianship has regained their capacity and thus no longer qualifies for one. One of the most persuasive pieces of evidence that you can provide to establish this fact is a report from a doctor who has recently examined the individual under guardianship stating that it is their medical opinion that the individual has the capacity to make their own decisions. You can also call witnesses to help you establish that the individual under the guardianship has the capacity to make their own decisions. People who interact with them regularly, such as neighbors and friends, can make good witnesses. The witness should be able to testify to the individual’s ability to make important decisions.

How a Lawyer Can Help

If you are interested in challenging a guardianship, it is a good idea to contact a Florida estate lawyer as soon as possible. Talking to a lawyer will allow you to get a sense of whether you have standing to challenge the guardianship, the strength of your case, and how best to move forward. A lawyer will help you navigate the court process as easily and seamlessly as possible so that you can successfully challenge the guardianship and move on with your life. If you are challenging a guardianship, you have enough to worry about. By retaining an attorney, you can leave the legal strategy and worries to your attorney.

Schedule a Consultation with Mark R. Manceri, P.A. in Pompano Beach, Florida, Today

If you are ready to fight for your or your loved one’s rights and restore their autonomy by challenging an existing guardianship, you will need a dedicated and powerful legal ally on your side. Mark R. Manceri is an experienced Pompano Beach estate & trust litigation attorney who is ready to go to bat for you. Contact Mark R. Manceri, P.A. to schedule a consultation.

Contact Mark R. Manceri, P.A. to Schedule a Consultation Today

If you know or suspect that a trustee is breaching their fiduciary duty by stealing money or assets from a trust that you have an interest in, contact Pompano Beach estate & trust litigation attorney Mark R. Manceri, P.A. today to schedule a consultation and find out what actions you can take to hold them legally and financially accountable for their illegal and unconscionable actions.

Sources:

http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0800-0899/0895/Sections/0895.02.html

floridabar.org/public/consumer/pamphlet030/