Contesting the Appointment of a Guardian and/or Conservator
Everyone feels strongly about their family members, and especially family
members that are unable to care for themselves. Once it has been determined
that a family member cannot care for themselves, the next step is to request
the appointment of a Guardian and/or Conservator.
Normally, this process goes smoothly. However, other times it may become
contentious if the parties feel that the proposed Guardian and/or Conservator
may not always act in the best interests of the ward. The way to resolve
this dispute is either through negotiation and compromise, or through a trial.
In a trial, the principal issue is what is in the Ward's best interest.
The interested parties then have an opportunity to be heard and present
evidence regarding the Ward's incapacity, and how his or her best
interests would (or would not) be served by the appointment of the proposed
Guardian and/or Conservator.
Whether you are contesting the appointment of a Guardian and/or Conservator,
or have had your appointment contested, you need to be represented by
counsel. If the contest proceeds to trial, like every trial, it is best
handled by a professional. An attorney can help insulate you from some
of the trauma of the process, and also present the most effective factual
and legal case on your behalf.
If you would like to contact Owens and Perkins regarding contesting or
defending a Guardian and/or Conservatorship appointment,