Guardianship Litigation

We Understand How Sensitive Guardianship Disputes Can Be

Adult children and other interested parties may hold differing opinions on numerous guardianship issues.

Who should be named as the guardian of an incapacitated parent?
What physical accommodations and comforts should the ward enjoy?
Are the ward’s financial assets being managed properly?
What medical care does the ward need and by whom should it be provided?

These and many other questions can be the source of great contention among the children and relatives of a ward. Many can be worked out by the parties themselves, but others may require litigation to resolve.

Our firm has successfully handled many guardianship litigation cases involving incapacitated parents, adult children with disabilities, and other wards on behalf of guardians and other interested parties. We also represent individuals who are fighting guardianship.

Representing Guardians and Other Interested Parties

Much of our firm’s work in this field involves the representation of guardians and other family members in guardianship disputes involving physical care, medical treatment, and breach of fiduciary duty. These disputes can be highly emotional and some can even tear a family apart.

Our attorneys will assertively represent your interests through litigation. We understand the factors courts use to decide such matters, and we will work energetically to achieve your goals and protect the interests of the ward. The health, comfort, and security of your loved one is of paramount importance.

Contesting Guardianship

Many elderly people are capable of managing their affairs and do not need to be placed in guardianship. Our firm represents people who are defending themselves from guardianship proceedings and wish to maintain a measure of control over their lives and finances. We can challenge the basis for the petition to appoint a guardian, challenge an allegation of incapacity, or seek the Court’s protection on behalf of a person who has suffered mistreatment.

In a particular case, there may be several strategies that could be used in defending against a guardianship proceeding. Luis E. Barreto & Associates, P.A. has the knowledge, resources, and experience needed to represent you in these often contentious cases. Give us a call today if you are facing a guardianship dispute that may require litigation.

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