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When a family member is incapacitated or otherwise incompetent, determining who will be responsible for them can be a trying affair. What's more, if they have left substantial assets, other parties may attempt to seize guardianship for less than benevolent reasons. When there is a dispute over who has guardianship over an incapacitated person, the result can have profound implications not just for the person's assets but also their well-being. Legally, in a contested guardianship case, the first priority is the welfare of incompetent individual.
Contested guardianship cases most commonly arises when allegations of abuse arise pertaining to the current guardian's care of the protected. In these cases, it is up to the accuser to provide proof of abuse or financial misappropriation. Furthermore, the contested guardianship must provide a means of relief - often transferral of guardianship to a trusted party.
Another common contested guardianship case is when the to-be-protected does not view themselves as needing a guardian at all. Often, guardianships are the result of legitimate concerns about the mental health or the capacity of the individual. Sometimes they can be an abusive attempt to control assets. In these cases, having an attorney on hand who understands contested guardianship can help ensure the rights of the protected individual are adequately defended.
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