Mediating the Best Outcome
Guardianship, a legal arrangement whereby the court identifies an individual to “guard” a person (protect and care for the person) generally occurs when the person is incapable of taking care of themselves. In estate planning and elder law, guardianships may be established for elderly family members who are no longer capable of managing their health and personal affairs. In these cases, a legal guardian is appointed to watch over the individual (the “ward”), and act in their best interests.
Guardianship disputes may occur before, during, and after the process of appointing the legal guardian, but it is particularly common if the guardian is refusing to make healthcare or personal decisions in accordance with other family members’ wishes. Guardianship challenges are usually processed through and decided by the courts, so they can be very taxing on, and time consuming for, the guardian. Common legal disputes include:
- Does the guardian still meet eligibility requirements as established by the court?
- Is the guardian a loyal, objective and qualified candidate to pursue the ward’s best interests?
- If the guardianship is of the minor child of deceased parents, and the appointment was “testamentary” (in accordance with a will), was the will executed too long ago for the appointee to be the best choice?
Guardianship is a significant, potentially complex responsibility that may require substantial time for reporting and record keeping. The experts at Turner Law not only help guardians manage the process of guardianship for the best outcome of the ward; they also provide the best possible representation for the guardian should a dispute arise.
Contact Us for a Free Initial Phone Consultation
For capable, experienced dispute resolution of estate and elder law matters, call lawyer Robert Turner at phone number(866) 768-5365 or fill out the contact form on this Web site. Our law office is located on the outskirts of Atlanta, in historic downtown Decatur, Georgia, just off Decatur Square.