Under normal circumstances, it is not generally necessary to worry if a guardian is caring or is going to care properly for their ward, as you can assume that most legal guardians are doing their best to care for whoever is in their charge. However, it is sometimes necessary to contest a guardianship, which can be a long and costly process for all involved. But what exactly is a guardianship contest, and why might you need to start one?
What is a Guardianship Contest?
In simple terms, a guardianship contest is when someone chooses to legally challenge the validity of a guardianship, or when the alleged incapacitated person is able to say they object to the appointment of a guardian. Depending on the exact nature of the guardianship, this might involve contesting whether a particular guardian is competent to do their job, or it might involve trying to end or avoid the guardianship in its entirety. Either way, a legal challenge must be brought to begin, modify or end the guardianship.
Guardianship contests in New Jersey generally require resolving two issues. One is whether the alleged incapacitated person needs a guardian at all, and if so, the other issue becomes who is the most appropriate person to be the guardian.
Why Might You Seek a Guardianship Contest?
There are a number of reasons to potentially contest a guardianship. If the guardianship is already in place, these reasons may include, but are not limited to:
- The guardian has been neglecting their ward
- The guardian is physically or emotionally abusive
- The guardian has been stealing from their ward’s assets
- The guardian has failed to ensure their ward obtains necessary medical care
- The guardian has failed to maintain reporting requirements
- The ward has recovered from whatever condition necessitated the guardianship
Contesting the initial appointment of a guardian may be advisable if, among other reasons, the alleged incapacitated person has executed estate planning documents or otherwise stated they do not want the proposed guardian having control over their affairs, or if a different person may have lives closer to the alleged incapacitated person or is otherwise more capable of meeting the alleged incapacitated person’s needs.
What Happens When You Contest a Guardianship?
For an existing guardianship, you initiate a guardianship contest by going to the court that issued the guardianship and file a formal challenge. You then submit evidence that the guardianship either needs to be modified (such as by replacing the current guardian with someone else) or ended. The Court then makes the determination about what is appropriate, given the evidence and circumstances.
Contesting the initial appointment of a guardian requires filing a formal response to the proposed guardian’s Complaint within the deadlines specified in the Court’s Order to Show Cause. You may then present evidence challenging whether a guardianship is necessary at all, or supporting a claim that you are the more appropriate person to be appointed as the guardian. The Court first determines whether a guardian should be appointed and if so, will proceed to determine who is the most appropriate person to be appointed as guardian.
What Should You Do?
If you have a loved one that is currently under the care of a legal guardian, or if you receive notice that someone else is seeking to be appointed as guardian of your loved one, you should speak to a lawyer with experience handling guardianship law if you think there is some kind of reason to contest the guardianship. They can help you review your legal options, and ensure you get the best possible outcome for your situation. The sooner you call, the sooner they can get to work for you.
The attorneys at the Law Offices of Hunziker, Champion, Romer & Miller understand that the aging population has specific and diverse needs. The firm helps seniors and their families by handling all aspects of elder law including guardianships, end of life planning, asset preservation, Medicaid planning, and trusts and estates issues. If you need to consult on elder law issues, call The Law Offices of Hunziker, Champion, Romer & Miller at (973) 256-0456 or fill out our contact form for a consultation.
