When an individual becomes incapacitated and can no longer manage his or her affairs, family members or other concerned individuals may ask the court to protect the incapacitated individual and appoint a guardian. Whether the guardian is an individual or an institution, the guardian has many important responsibilities and obligations.
There are many reasons guardians and guardianships end up in litigation. In some instances, the guardian may abuse their power through careless or reckless handling of the assets. Anyone, including the individual subject to the proposed guardian, family members and friends, may object to the guardianship in general, or to the specific choice of a guardian. A guardian’s actions are continuously subject to review, attack and defense.
Mr. Fishlin represents clients in a variety of guardianship actions:
- Appointment of Guardians
- Contesting the Validity of the Guardianship (fraud, duress, undue influence, coercion, lack of capacity)
- Contesting the Appointment of a Particular Guardian
- Representation of Guardians
- Accounting for Guardianship Funds
- Breach of a Fiduciary Duty
- Guardianship Mismanagement
Guardianship litigation requires a deep knowledge of both guardianship law and litigation trial techniques. Mr. Fishlin has expertise in both of these areas and is able to offer his clients high quality guardianship litigation services at reasonable rates.
If you have an interest in a guardianship as a family member, friend, or guardian, contact Mr. Fishlin to discuss your case and to schedule an appointment.