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guardianship litigation
Guardianship Litigation includes disputes among family members or other interested persons involved in the life of an elderly or vulnerable adult. Contested guardianship cases include petitioning for the appointment of a guardian, opposing the appointment of a guardian, seeking the removal of a guardian because of financial abuse, emotional abuse or failure to properly care for the Ward, and recovering damages from Guardians who have hurt the Ward.
A guardianship proceeding is also a tool that can be used to prevent exploitation of the elderly. Financial exploitation of the elderly is often committed by a person known to the victim such as a family member, acquaintance, caregiver or person acting with power of attorney. Financial exploitation can be committed by a stranger including contractors, salespeople, or a person representing a fraudulent charity. Some examples of financial exploitation we have seen in our practice include, but are not limited to, re-titling accounts, taking money or other items from the vulnerable adult, selling or transferring property, misusing a power of attorney, and creating or changing a will, trust, or other dispositive document for the benefit of the abuser. In instances where an incapacitated person has been exploited, our attorneys can initiate proceedings to recover property from individuals who have harmed the elderly or misappropriated their assets.
Christopher Q. Wintter
Max G. Soren
