A guardian of a person or property is supposed to make decisions in the best interest of their charge. The guardian may be a close family member or a person appointed by the court. According to state law, a guardian has a lot of power to manage the affairs of the person or property they care for, which can result in disputes. If you are in a dispute concerning guardianship issues, you may need the assistance of a Manalapan Township contested guardianship lawyer. An experienced estate planning attorney has the knowledge and skill to determine the best steps to take in your situation.

Common Guardianship Issues

Although each contested guardianship case in Manalapan Township is different, some common issues tend to arise.

For example, disputes may arise between siblings over who is granted guardianship of their parents’ assets when their parents are no longer able to make decisions themselves. If the siblings live in different states, this dispute can sometimes be settled in court by determining where the parents choose to live, if they are capable of making the choice, or the state of the parents’ birth, called the parents’ domicile. Once the state of domicile is determined, the guardianship dispute can be heard in that state’s court.

Another dispute may arise from the adult ward of the guardian. If the ward feels the appointed guardian is limiting their personal freedom, making bad decisions, or is an unsuitable choice as a guardian, the adult ward can legally contest the guardianship.

Sometimes, a contested guardianship may result in a change to a guardianship alternative, such as a trust or a limited guardianship.

Guardianship issues often involve family matters and do not necessarily need to go to court. A contested guardianship lawyer in Manalapan Township can skillfully negotiate many issues, reducing the cost and time spent on the issue.

Overturning a Guardianship

Under state law, overturning a guardianship appointment is difficult. Removing that person’s legal authority can be challenging once the court officially appoints a guardian over a person or a property. However, that does not mean overturning a guardianship is impossible. Contesting the guardianship of a loved one may be the right thing to do to protect that person. A lawyer in Manalapan Township with experience in contested guardianship cases could assist in this situation.

Fighting for Guardianship Rights

The best choice for a guardian of a person or a property is not always obvious. When the issue is in dispute, a guardianship lawyer could build a strong case for their client, protecting their rights to be the guardian. Although this kind of dispute would ideally be settled out of court through negotiation or mediation, if it does go to court, an experienced attorney in Manalapan Township who understands contested guardianships may be needed.

Discuss a Contested Guardianship with a Manalapan Township Lawyer

Guardianship difficulties can lead to major legal disputes. It is best to seek legal help in these situations as soon as possible so you know the best plan of action and can enter the dispute with the assistance of an experienced Manalapan Township contested guardianship lawyer.

Contact Nesevich Law, LLC today to schedule a free consultation. We are well-versed in local guardianship law, and we can answer your guardianship questions and offer solid legal advice to help settle the dispute.