Contests challenge the alleged incapacity, the necessity of guardianship given less restrictive alternatives, or the proposed guardian's suitability. The proposed ward is entitled to counsel and to contest.
Clear and convincing evidence of incapacity is typically required.
Alternative Names:
Contested Guardianship|Guardianship Challenge
Why it Matters?
Less restrictive alternatives must be considered before guardianship is imposed, which means an existing durable power of attorney, supported decision-making arrangement, or trust may defeat the petition entirely regardless of capacity findings. Establishing that adequate alternatives exist is frequently more productive than contesting incapacity. Guardian selection contests separately turn on statutory priority and demonstrated conflicts.
Frequently Confused with
Related terms
Frequently asked questions
What may defeat the petition entirely?
What governs guardian selection?
