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Contested Guardianships & Probates

A Guardianship is a court process during which someone claims that another individual is unable to make decisions due to some type of incapacitation and the courts decide whether a guardian will be appointed to exercise the legal rights of that individual. Guardians may make medical and personal care decisions for the individual they represent who often lose their right to vote, to choose with whom they socialize, and to drive. It is very likely that a person who begins to develop dementia and does not have a power of attorney and health care surrogate in place will be deemed by the court to need a guardian. Simple guardianship proceedings which are uncontested cost around $6,000 to $8,000. Contested guardianships can cost over $10,000.

“We always look for the least restrictive alternative when someone loses capacity.” Babette Bach.

We administer all aspects of even the most complex guardianship cases and are experienced guardianship litigators.

When disputes arise regarding guardianships, probate, or trust matters, Bach, Jacobs & Byrne, P.A represents a party with an interest in the dispute to ensure the party’s rights are protected. We work for clients and/or their fiduciaries in litigated probate estate, trust administration, and guardianship proceedings, as well as tax controversies involving estate and gift tax matters. These include will, trust, and guardianship contests, trust disputes, and beneficiary disputes. We’ll work with you to settle disagreements with the other side when possible and take it to court when necessary.

Alternatives To Guardianship?
Yes, in many situations there are alternatives to the guardianship process. We always look for the least restrictive alternative when someone loses capacity. We can sometimes help you to retain certain powers through putting the appropriate documents in place to allow loved ones you choose to take over in making decisions in the event of your incapacity.
Voluntary Guardianship Alternatives?
We can also help you to enter into a Voluntary Guardianship which allows you to appoint someone solely to manage your finances. You retain the right to make medical and personal decisions. Your guardian is also subject to court supervision and is required to post a bond. Another benefit of voluntary guardianship is that you can choose to replace your guardian if you do not feel they are performing their job adequately.

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