How To Contest a Guardianship?

From Our “Ask a Question” Mailbag: “My mother has dementia, and my sister has filed to become her Guardian. My sister is not fit to be a guardian for many reasons. Can you explain to me How To Contest a Guardianship?”

Glen Ridenour, Contested Guardianship Lawyer in Pennsylvania

How To Contest a Guardianship?

First, let’s talk about guardianship.

A Guardianship exists when a judge decides that a person can no longer take care of themselves and appoints another person to have the power to manage the ill person’s affairs.

Examples of conditions that lead to a Guardianship are mental health diseases, dementia, Alzheimer’s, or physical trauma to the brain. 

Guardianship can be limited to overseeing a person’s money and property or to the power to control the ill person’s day-to-day activities, including medical decisions.

What Court Appoints a Guardianship?

In Pennsylvania, the Pennsylvania Orphans’ Court judges have the power to declare a person incapacitated and then appoint the Guardian.

Who Can Serve as a Guardian?

The judge is free to appoint any qualified person to serve as a guardian. The judge could also opt to appoint a corporate fiduciary, a nonprofit corporation, or even a county agency.

How to Contest a Guardianship?

If you believe that someone seeking to serve as a Guardian is not fit for service or if a Guardian has been appointed and you think they should be removed, you must bring your concerns to the Orphans’ Court. 

Remember, the judge is not a detective. The judge doesn’t go into the world to see what is happening. Instead, the judge relies on interested people to raise objections. This is why most contested guardianships are between family members concerned about the incapacitated person’s safety and health. Often, there is a concern about how the ill person’s assets are managed.

The first step you should take is hiring an experienced Contested Guardianship Lawyer. As mentioned above, the judge is not a detective. You need an experienced lawyer to provide the necessary evidence so the judge can understand your concerns. The court follows specific rules of discovery and evidence that must be followed. If you are unfamiliar with these rules, vital information may never appear before the judge. Furthermore, witnesses may lie or make misleading statements. Your experienced Contested Guardianship Lawyer will know how to cross-examine these witnesses and prove to the judge that they are being untruthful. 

Our Contested Guardianship Team:

If you decide to have our Contested Guardianship Law Firm represent your challenge, you will work with Attorney Glen Ridenour and his team. Guardianship Contests are What We Do. We do not dabble in other areas; we focus on estate-related litigation.   

Want to Read More about Guardianships?

This Blog is just a quick introduction to What You Need to Know about Contesting a Will in Pennsylvania. To learn more, follow this link to my website’s pages entitled Guardianships, Everything You Need To Know.

In Conclusion, The Basics of a Guardianship Challenge Explained.

I hope you found this short article on How To Contest a Guardianship. I have also included some links for more detailed information.

Contact us if you want to know more or have an estate that needs our help. Let our Pennsylvania Guardianship Contest Lawyers help you through what can be a confusing process. Feel free to contact our office for a free consultation. 

It’s All We Do Wills, Trusts, Probate, and Estate Litigation!

It’s What We Do!