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What issues can you encounter with a guardianship application?

Feb 20, 2021 | Long-Term Care Planning

You may have a loved one who has serious mental or physical health issues. In this situation, you may wish to take over their personal and financial matters to ensure they receive proper care by establishing guardianship. 

The National Guardianship Association defines guardianship as a legal process used when another person cannot make sound decisions for himself or herself, making that person susceptible to undue influence or fraud. If you plan on applying for guardianship of another person, be wary of obstacles that could slow down your application. 

Ineligibility issues

You have to meet certain eligibility requirements to become someone’s guardian. For example, the court may reject your application for guardianship if specific conflicts of interest exist or circumstances indicate you could not adequately control the ward’s estate, such as lack of education or experience. 

Contested arrangement

The court may not approve your application for guardianship if more than one person has applied to become the guardian for that same person. In contested situations like these, the court may decide who is the right fit to take on this role. 

Removal of a current guardian

If you wish to take over as someone’s guardian when another guardian is already in place, you may have a harder time establishing this legal arrangement. If you want to replace another guardian, you may have to make a case for why the court should alter the current arrangement. 

Before submitting your application to become a guardian, remember that acting as a guardian requires a long-time commitment and significant effort in many cases. You also have to follow certain guidelines after the court approves the guardianship to maintain compliance.