In most cases, a request for guardianship over an incapacitated adult is in the best interests of that adult, and it proceeds as planned in court. However, there are certain situations in which one or more people might object to a guardianship for different reasons. The following is a brief overview of two common reasons for guardianship objections. If you need to discuss a specific situation, contact a guardianship lawyer in Illinois directly for assistance.
Contesting Incapacity
In some cases, everyone might not agree that guardianship is necessary because some people might believe that the adult in question is still capable of caring for themselves. If you believe that a loved one is not truly incapacitated, you can object to the entire guardianship appointment. The subject of the case can also raise this objection.
You will need to present strong evidence of your or your loved one’s capacity, which might include testimony from doctors who examined you that you are able to manage your daily life and make important decisions.
Challenging the Choice of Guardian
If someone else is trying to become the guardian of your loved one, there might be reasons to question this appointment. You might agree that your loved one needs assistance, but you might believe the person seeking guardianship is the wrong choice. Some reasons might include:
- They have a history of abusive behavior
- They might have self-serving interests
- They are unreliable or irresponsible in their own daily lives
You need the right legal assistance in raising your concerns to a specific guardianship appointment.
Speak with a Guardianship Lawyer in Illinois
Charles T. Newland is an experienced Illinois guardianship attorney who can assist with straightforward guardianship cases, possible objections to guardianship, and more. Contact us online or call 847.797.9300 to learn how our law firm can help you.
