Fiduciary Litigation » Guardianship Litigation
Ikard Golden Jones engages in guardianship litigation, including applications to appoint a guardian, contested guardianships, and guardianship accounting matters. This litigation generally arises in four contexts.
The need for a guardianship
Sometimes the proposed ward contests the necessity for a guardianship. Sometimes another person steps in and contests the necessity for a guardianship. They may argue that the ward has capacity or that there is a "less restrictive alternative" available.
Who should be the guardian
Frequently two or more children seek to be appointed as guardian of a parent. It may be two children, it may be a spouse and a child or it may be some other person who believes they would be the best guardian.
Instructions on what the guardian can do
Guardians can only take actions authorized by the court. A guardian makes frequent applications to the court for authority to take action or instructions on what action to take. When these applications are contested, IGJ represents the guardian or the party objecting to the application.
Complaints about Administration
The final area of guardianship litigation is suits complaining of the conduct of the guardian. IGJ represents the guardian or the complaining party in these types of actions.