When someone has become incapacitated and there are no powers of attorney in place, the court can appoint a guardian. There are two reasons why you can contest a guardianship:
- The person for whom the guardianship is ordered (the ward) is not actually incapacitated
- The person proposed as a guardian is not competent to perform the role
Accordingly, you could contest the guardianship itself or the person who was appointed as the guardian.
Before the court completes the process of appointing a guardian, there will be a hearing where you can present your own case for the judge’s consideration. This is when you have your best chance to win your case. Once the court completes the process of appointing the guardian, it will be more difficult to overturn it because a judge would have already found the ward to be incompetent and reviewed the qualifications of the proposed guardian. Then, you would have to convince the court to set aside the guardianship.
The judge will decide the case based on what is best for the potential ward. The court wants to ensure that they are cared for if it is necessary. However, guardianship is considered to be a drastic option. You can avoid the difficulties of the litigation process by establishing an estate plan that will clearly lay out who can make decisions when you are no longer able. A thorough estate plan can make life easier for your family and ensure that proper decisions are made on your behalf.
Call a Lincolnshire Estate Planning Lawyer
To begin work on your estate plan, or to review one that you already have in place, call the attorneys at Charles T. Newland & Associates at 847.797.9300 or contact us online. This is one of the most important calls that you can make for your family.