There are several reasons why families may seek to challenge the assignment of a guardian by the probate court. The court may seek to assign a guardian if the person is incapacitated or unable to make their own decisions. Families may oppose this because:
- They may not believe that their loved one is incapacitated to the point where they need a guardian
- They may not think that the person proposed as the guardian has the ability to make decisions on behalf of their loved one
Guardianship requires actual incapacity, which may be a matter of dispute. Family members can challenge the finding of incapacity with the testimony of their own from the ward’s doctor and other experts who can give opinions about their capacity. Even family members may testify with their own observations.
Grounds to Challenge a Guardianship
In addition, family members may have an issue with the person being appointed as guardian. The guardian must have the knowledge and ability to make sound decisions on behalf of the ward. There are several grounds to challenge the potential guardian:
- They do not understand the needs of the prospective ward
- They do not have the knowledge to make financial decisions
- They do not have the ability to speak with doctors and make healthcare decisions
In the end, the court is trying to decide exactly what is best for the proposed ward. They will carefully consider any evidence that your family has on the situation because the court wants to get the decision right. However, you would need an attorney to present your strongest possible case.
Call a Rolling Meadows Adult Guardianship Attorney
The law firm of Chuck Newland & Associates represents families in guardianship proceedings. These can be difficult cases under trying circumstances. Call us today at 847.797.9300 or reach out to us online to learn more about your legal options.
