Contested Guardianships & Conservatorships
Our Skilled Phoenix Attorneys Can Help
When a person is no longer capable of making decisions for himself/herself, a guardian or conservator may be appointed by the court to step in and take over. A guardian makes decisions for an incapacitated adult or a minor regarding his or her health and overall welfare. A conservator handles the finances and assets of an incapacitated adult or a minor. A single person may act as both guardian and conservator, or these may be different people.
What if you object to the appointment of a guardian or conservator? You can contest a guardianship or conservatorship if the adult is actually able of making decisions for himself/herself, or if the person to be appointed as guardian or conservator is unfit for this role.
At Taylor & Lihn, PLLC, we help clients across the Phoenix area with contested conservatorships and guardianships. Our attorneys can help you determine whether you have a case and can take you through the necessary steps while protecting your interests and rights.
To find out more about how we can help you, call (602) 900-9860.
When Can a Guardianship or Conservatorship Be Contested?
You may be able to object to a guardianship or conservatorship before or after the guardian or conservator is appointed by the court. Before the appointment, you have the opportunity to present your case at a hearing held by the court. After the appointment, challenging a guardianship or conservatorship is more complicated. You’ll have to file a complaint with the court to have the guardianship or conservatorship order set aside. In either case, you’ll have to prove why the guardianship or conservatorship should not exist.
The following may be reasons to have a guardianship or conservatorship denied or set aside:
- The order was obtained as a result of fraud, misrepresentation, misconduct, or neglect.
- The person to be named guardian or conservator is unfit or not ideal for the role.
- The allegedly incapacitated adult is actually capable of making decisions for himself/herself.
In contesting a guardianship or conservatorship, you must present evidence to support your case and may suggest a different guardian or conservator.
Do I Need a Lawyer for a Contested Guardianship or Conservatorship?
If you want your case to be prepared and presented in a clear and convincing manner, your best bet is to work with an experienced attorney. A legal professional who has dealt with contested guardianships and conservatorships in the Phoenix area will know how to proceed and can prepare you for your hearing, file all the paperwork on your behalf, and properly present your case. Like you would hire a mechanic to work on your car or a doctor to treat a medical condition, your legal matter is best handled by an attorney.