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Family & Divorce

Guardianship Litigation

Guardianship cases turn into litigation when the people around a vulnerable adult disagree — siblings who distrust each other, a new partner with influence, or a person who insists they do not need anyone's help.

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01 GUIDE

Guardianship Litigation: what usually happens

Where the disputes start

Contested guardianship matters usually revolve around whether the person needs a guardian at all, who should be appointed, how broad the powers should be, or whether an existing guardian is doing the job properly. The person whose capacity is in question can oppose the petition and is entitled to be heard, sometimes with appointed counsel. Disputes often overlap with claims of financial exploitation, contested powers of attorney, or changes to a will or deed made under questionable circumstances. Some disputes start long after an appointment, when relatives question a guardian's spending or decisions and ask the court to review the accounts or replace the guardian.

Evidence in a contested case

Medical records, testimony from treating providers, and the observations of people who see the person regularly are central. Bank and brokerage statements can reveal patterns that matter, such as large transfers or new names on accounts. Courts generally pay close attention to the person's own wishes and history of decisions. If you suspect money is being taken, raise it promptly, because courts can act to protect assets while a case proceeds, and delay can make recovery harder. Avoid moving the person or their money on your own authority, however urgent it feels.

Choosing a position

Before taking a side, it helps to be clear about the goal: protection, accountability for past transactions, or a different person in charge. We review what has been filed, what powers already exist, and what the court evaluator or other neutral participants have reported. We also talk about the cost of a long dispute, which can come out of the person's own funds. Sometimes a negotiated arrangement, such as a neutral professional guardian, resolves the conflict in a way that protects the person.

02 ATTORNEYS

Who you would be working with

Attorneys at our New York and Washington, D.C. offices handle matters like this one.

05 HOW WE WORK

Client-centered service across jurisdictions

Global Coordination & Expertise

We deliver coordinated and effective legal services to our clients, utilizing our extensive legal resources and experienced attorneys in our well-integrated global network. Through our Washington D.C. and New York offices, together with our alliance

Multilingual & Cross-Border Communication

Our attorneys are experienced in both domestic and international matters and, with fluency in various languages, provide clear and consistent communication at every stage of your legal process.

Client-Centered Approach

Client service lies at the heart of our operations. From the initial consultation, we prioritize understanding your situation, listening to your goals, and providing regular updates and strategies tailored to your individual case.

Multidisciplinary & Efficient Solutions

Our multidisciplinary approach and established processes enable us to address cross-border challenges with efficiency.

06 OFFICES

Where we meet clients

Consultations are available in person or remotely.

New York

285 Fulton Street, New York, NY 10007
(855) 529-7557

Washington, D.C.

Suite 985, 1717 K Street NW, Washington, DC 20006
(855) 529-7557

Los Angeles

1901 Avenue of the Stars, Suite 820, Los Angeles, CA 90067
(424) 561-7557

Attorney Advertising. This page is general information about guardianship litigation and is not legal advice. Reading it does not create an attorney-client relationship. Outcomes depend on the facts of each matter, and prior results do not guarantee a similar outcome. Laws differ by state and change over time.