Guardianship is never a simple matter. Whether the individual (or ward in legal terms) is a child or a vulnerable adult, it is important to ensure that his or her best interests are at the heart of any dispute. Unfortunately, these matters often result in a fight between two or more parties (guardianship disputes), with each party believing that they are best suited to look after the ward.
Guardianship of Children
Guardianship of children can be agreed between surviving parents or relatives. However, in many cases, guardianship is decided by the courts or according to the wishes outlined in a last will and testament. In every scenario, concerned parties should want to ensure that children are looked after and have the best opportunities in life, despite what is likely an unpleasant situation.
Disputes often arise between surviving parents, but sometimes there are concerns about an appointee in a will, especially if the will was executed many years before the death of the parents. Family members may take issue with the appointee’s suitability to look after children. It is important to resolve any issues for the sake of children, but that is not always an easy path.
Guardianship does not always concern minor children. In many cases, a vulnerable adult needs care and family members may have disputes about who is best equipped to provide such care. Whether the ward is someone with disabilities or an elderly relative, there are quite a number of potential issues that may complicate guardianship.
A ward may also provide power of attorney to a family member or friend, which can also result in disputes. For instance, a family member may believe that the power of attorney was granted under coercion, or the ward was not of sound enough mind to make such decisions. These are all matters than can be resolved by a guardianship dispute lawyer.
If you are involved in a guardianship dispute and need mediation, reach out to the offices of Turner Law today.
Posted on behalf of Turner Law, LLC