Five Signs You Should Contest a Guardianship

When you entrust a loved one to the care of a legal guardian, you expect that they will be appropriately cared for, and that the guardian will handle their job properly. However, guardians can be abusive, neglectful, or otherwise irresponsible, which may make it necessary to contest a guardianship in court. Here are five signs you should consider contesting a guardianship:

1. Your loved one does not need a guardian anymore
   • One of the more fortunate reasons to contest a guardianship is that your loved one no longer requires a legal guardian to watch over them. For example,  someone with a severe illness or injury may recover from their condition, or someone with a psychological disability may gain enough capacity to manage their issues that they no longer require someone to handle their affairs. In such a case, contesting the guardianship can help restore the independence they previously lost.
2. Your loved one has become more reclusive
   • Assuming your loved one is not ready to live without a legal guardian, you may need to contest the guardianship if they suddenly become more reclusive. They may stop showing up to social events, or may cancel appointments without explanation. This can be a sign of potential abuse on the part of the guardian, either due to mistreatment or due to trying to exercise greater control over their ward.
3. Your loved one’s condition has worsened without explanation
   • You should also be suspicious if your loved one’s medical or psychological issues worsen without warning. It could be a sign that the guardian is not doing their job to ensure your loved one is receiving the care they need. It could also be a sign of intentional neglect or abuse, necessitating a legal contest.
4. Your loved one has unexplained injuries
   • You should also be deeply suspicious of any unexplained injuries your loved one sustains. While injury and illness are not always avoidable, a guardian is responsible for ensuring their ward is protected from foreseeable harm. That is why, if they are getting hurt without a good explanation, it can be a sign of neglect or abuse.
5. The guardian is living beyond their means
   • Finally, it may be time to contest a guardianship if the guardian seems to be living a lifestyle their income would not normally sustain. This can be a sign of financial abuse, where a guardian uses their control over their ward’s finances to enrich themselves at their ward’s expense. Guardians who do this are in flagrant violation of the law, and should be removed from their position as soon as possible.

The elder law attorneys at David J. Lorber & Associates, PLLC will work with you to determine whether a guardianship might be necessary for your loved one, and help you to get a guardianship that will suit your needs. For comprehensive guardianship and elder law services in New York, call David J. Lorber & Associates, PLLC at (631) 750-0900 or contact us online to schedule a free consultation at our Setauket office.