The Guardianship attorneys with Nay & Friedenberg will explain a contested guardianship and how it differs from the standard type.
Once a petition for guardianship or conservatorship has been filed, the person who is alleged to be incapacitated or financially irresponsible has the right to file an objection with the court.
When we file a petition with the court the law says we have to provide the person is question with a copy of the petition, an explanation of his or her rights, and a form for filing an objection with the court.
If a person objects, he can fill out this form or call the courthouse or write a letter to the judge indicating that they object. If an objection is filed the court will schedule a hearing.
The person who objects can be represented by an attorney.
Does this happen very often?
Not very often, because usually if someone has gone to the trouble of filing a petition there are good grounds for doing so.
Sometimes when we represent the person who objects, we can get the court or the other side to limit the authority of the guardian.
If the person is living at home and doing so fairly successfully we might, for example, ask the judge to rule that he or she won’t be moved out of their home without an order from the judge. So if the guardian wants to move the individual out of his or her home, the guardian would first have to prove to the judge that it was necessary.
Objection to a Guardianship procedure is always possible and often times makes things more complex. A Guardianship lawyer can guide you through the process – Contact the Guardianship lawyers with the Law Offices of Nay & Friedenberg in Portland, Oregon at (503) 245-0894 to set an appointment.