Guardianship Litigation

In life, there are many different types of guardians out there. When it comes to guardianship law, however, the term is rather specific. When a person is assigned guardianship over someone else, that means they are being trusted to make decisions on behalf of that person.

How Guardianship Disputes Arise

For clarity’s sake, let’s consider a common guardianship scenario. We’ll say that James, a responsible and dependable young man, has been appointed the guardian of his elderly mother, Victoria, who suffers from Alzheimer’s. As his mother’s guardian, James is responsible for performing certain tasks on her behalf when she is mentally unable to do so. These tasks include:

  • Making medical and healthcare decisions
  • Generally making sure she gets the care she needs
  • Managing living arrangements
  • Managing personal belongings
  • Managing finances and financial responsibilities
  • Updating the court whenever a major change takes place

Now, maybe James is the best guardian his mother could ask for. Maybe he’s not. But for the sake of our example, let’s say that James has two siblings — Mark and Allie — who suspect that James is taking advantage of his role. More specifically, they think that he is abusing his position in order to use their mother’s money for his own personal gain.

Mark and Allie decide they’re not going to stand idly by and allow their mother to be victimized. They meet with a guardianship litigation attorney and discover that there are steps the attorney can take to make sure she gets the level of respect and care she deserves from her guardian.

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What Can a Guardianship Litigator Do?

Attorneys who practice guardianship litigation have the same end goal that you do. That is, to protect your loved one from any kind of mistreatment, whether it’s financial, mental, emotional, or physical. How they do this may vary from state to state, but generally speaking, an experienced guardianship litigator can help you:

  • Determine whether your situation requires guardianship
  • Navigate the process of having a court appoint a guardian
  • Litigate (take legal action) against an unfit guardian
  • Get a different, more qualified guardian appointed
  • Gain access to your loved one’s finances in order to pay off their medical bills
  • Handle related legal concerns that arise throughout these proceedings

For decades, our lead attorney, Kurt Anagnostou, has worked closely with families throughout Longview, Washington and surrounding areas. He has successfully resolved each of the above-listed scenarios (and more) and would love to do the same for you.

Resolving & Preventing Guardianship Issues

Whether you’re just noticing some red flags regarding your loved one’s care or you’re already knee-deep in a guardianship dispute, there’s still a lot you can do to prevent these issues from arising or recurring in the future. Namely, you should look into the possibility of updating your loved one’s will or trust. This step alone can prevent scammers from taking advantage of your loved one whenever they reach a vulnerable state. It can also minimize conflict between family members.

Even if you’re unable to create or update your loved one’s estate plan, now is a great time to update your own. That way, you can protect the next generation from having to go through the same legal headache you’re going through now. For more information, we invite you to visit our estate planning page.

Guardianship Law Firm in Longview, Washington

Guardianship-related disputes can arise for a number of reasons, but it all boils down to the same question: Is your loved one getting the care they need and deserve? If you believe the answer to this question is “no,” or even if you just have questions about your situation, we hope you’ll reach out today to set up a consultation and discover your options.