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Guardianship Litigation Attorney

What is a guardianship?

A Guardianship proceeding provides for support for those who cannot support themselves.

Courts appoint guardians to care for people who cannot take care of themselves. The person a guardian protects is called that guardian’s ward. Wards may be either minor children or and incapacitated adult. In some jurisdictions, “custodial” or “conservator” is used instead of “guardian,” and some jurisdictions use different terms to refer to different types of guardianship, for example calling the protector of elderly wards a “conservator” while calling the protector of minor children wards a “guardian.” Where appropriate, courts may appoint guardians with limited authority. Guardians are fiduciaries of their wards.

 

Finding that a court-ordered guardianship is needed for an elderly or disabled individual is a major life changing event for the individual as well as their family. In some cases, friends and family are distressed. In others, they are relieved that the individual is receiving the help they need. But it is not always easy to tell when someone might need a legal guardian, or what powers such a guardian should have. Worse, guardians sometimes take advantage of their position and steal from or abuse the person they are obligated to protect. If you or a loved one is facing a guardianship situation, consult one of our experienced guardianship litigation counsel. If you or a family member require the expertise of an experienced guardianship litigation attorney you have found the right law firm. The attorneys at the law offices of Castiglia-Rubinstein & Associates are not only trained in handling simple guardianship matters, we take care of complex guardianship litigation in Nassau County, Suffolk County, Queens County, Bronx, Westchester, Richmond County Staten Island, Manhattan and Brooklyn Kings County New York.

Removal of a guardian

Guardians are legally obligated to serve the best interests of the Ward in their care. They must provide for them and manage resources as part of their fiduciary responsibility. Moreover, guardians hold a great deal of trust and confidence and are expected to act in an ethical manner at all times. Sadly, many guardians can’t be trusted with such responsibilities, and betray the trust of their Ward, or both. When such events occur, it is necessary to remove the guardian. Removal can occur due to a guardian’s conviction for any crime of dishonesty – such as embezzlement, perjury, or fraud or any felony conviction. Where removal is more technical is when a party has to prove there is financial misconduct with the Ward’s assets, or other inappropriate action toward the Ward.

In these cases, a party seeking to remove a guardian must review court accountings‘, financial records, and property and title records. Additionally, gathering information from a Ward is often difficult or impossible because some form of incapacity has already led to the Ward’s guardianship situation. In some cases, a guardian might not act in an intentionally inappropriate manner, but the records may reflect that they are not performing their duties at an acceptable level. Even where there is no intentional misconduct, removing guardians is often very stressful, time-consuming, and requires detail-oriented litigation. Emotions can run high, and it is important to have a compassionate, and hard-working advocate on your side. Our guardianship litigation attorneys provide tough, objective advocacy in guardianship litigation matters.

Trust vs WillsRemoval of a Trustee * Guardianship * Probate * Beneficiary Rights
In Home Care * Supplemental Needs Trusts  * Fraudulent Transfers * Guardianship Litigation
Medicaid Asset Protection * Probate Litigation * Estate Litigation * Living Trusts


Common Guardianship Questions:

  • Who should be named as the guardian of my dad?
  • Where should my mother live, in an adult living facility or at home?  
  • What’s going on with my uncle’s bank accounts?  
  • What happened to my aunt’s stock portfolio
  • Is my brother getting adequate care?
  • What is my sister’s guardian doing with her money?

Examples of guardianship disputes include:

  • Client files for guardianship over his 70 year old grandmother to prevent him from squandering his money and changing his will and trust. Grandfather retains an attorney to fight the guardianship.
  • Clients receive substantial assets from their uncle prior to her incapacity and guardianship. The guardian subsequently sues clients to recover the assets allegedly taken during the ward’s incapacity.
  • Client’s wife is suffering from Alzheimer’s disease. Her niece files for a guardianship. Client argues that a guardianship is not necessary because he is the health care surrogate, he is the agent under the Durable Power of Attorney, and all of his wife’s assets are all in trust.
  • The ward’s guardian petitions the court to create a trust for estate planning purposes.
  • Daughter, whom is the power of attorney, tries to put 79 year old mother in a nursing home, mother wants to stay at home, daughter attempts to hurt her mother, mother hires an attorney to remove the daughter from her home.

Get a free guardianship litigation consultation today.

Contact Us Today 1-800-960-1529.

Get Help With Guardianship Litigation Case Now before it is too late.

You need an attorney to review and prepare you for your guardianship litigation situation so that you are fully prepared; remember that you have only one chance of getting your guardianship litigation case tried correctly, and that is on the first time.

You should know you have certain legal rights and must be very selective of the Lawyer or Law Firm that you chose to represent you with your guardianship litigation case.

Have an Attorney council you on the right decision for you and your loved ones.

 

Trust vs WillsRemoval of a Trustee * Guardianship * Probate * Beneficiary Rights
In Home Care * Supplemental Needs Trusts  * Fraudulent Transfers * Guardianship Litigation
Medicaid Asset Protection * Probate Litigation * Estate Litigation * Living Trusts

 

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