As people age, they become less capable of independently managing their own affairs. Our society is increasingly getting an elderly population. As such, a guardianship system is inevitably necessary to help such individuals take care of their health. Guardianship matters sometimes call for the removal of some of the ward’s legal rights. As a result, conflicts do occur sometimes. The litigation process that follows can be lengthy, complicated, and daunting. There, you need to understand the system by getting reliable advice from a competent guardianship litigation attorney. A professional attorney will help you deal with any of the following cases:
Financial exploitation occurs when the guardians misappropriate a ward’s estate for their gain. Unscrupulous attorneys and trustees can also be guilty of financial misappropriation.
Financial exploitation of the wards does not come out very obviously. The guardian may dispose of a ward’s property without their permission. The guardian could also get into the habit of helping themselves into their ward’s accounts.
Indicators of financial exploitation include large bank account withdrawals. The guardian could also forge documents to transfer property illegally under their names. They usually do this with the aim of securing their future. In doing so, the guardian protects themselves without regard to the ward’s rights.
Removal of Executors
When it becomes necessary to remove executors, trustees, agents, and guardians, a competent attorney will come in handy. Such situations are common when the agent under a power of attorney is determined to have been negligent, abusive or has committed malfeasance.
Breach of Fiduciary Duty
When the guardian acts dishonorably, and without regard to integrity in matters touching on their ward, there are in breach of fiduciary duty. To spot this form of abuse, look out for issues related to trust, transparency, and honesty between the ward and the guardian. This arises because of the guardian disposing of the ward’s assets without the approval of the court. The guardian acts outside of the directions of the trust or will. A competent attorney can help you determine whether there is a breach of fiduciary duty.
Abuse of the Elderly/Minor
The ward may suffer physical, emotional, and psychological abuse from their guardians. A physically abused person will often have soiled bedding or clothing, fractures, malnutrition, burn marks and hair loss, among others.
Psychological abuse usually creates fear in the victim. It can be verbal or non-verbal. The symptoms of psychological abuse include drastic changes in weight, extreme fatigue, sleeplessness, paranoia and anxiety amongst others.
Other symptoms of an abused senior citizen or minor include abnormal behavior between the guardian and the ward, denial of the right of communication and isolation. The abused person may also exhibit symptoms of repeated sexually transmitted infections, bruised private parts and inability to make even the most basic of decisions.
Discovery & Recovery of Assets
The attorney will file a citation when the guardian is suspected to have hidden, unduly possessed and embezzled property belonging to the ward.
Validate the Powers of Attorney
This happens when the agent, guardian or executor have a dispute regarding who has more authority over the ward’s property. You need an attorney to help establish the validity of guardianship appointments in relation to the estate-planning documents.…