Estate Litigation > Guardianships

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Staubus/Randall handles a large number of contested and uncontested guardianships. We have successfully tried a number of these cases in jury and nonjury trials.
Guardianship is a legal proceeding involving the issue of whether a person has become mentally incapable of handling their own financial affairs (guardianship of the estate) or making their own medical decisions or living independently (guardianship of the person). With the number of Americans aged 80 or older expected to double from approximately 9.3 million in 2000 to an estimated 19.5 million in 2030, and the average American life span expected to extend several years during that time period, and the anticipated increase in persons suffering from Alzheimer's and other forms of dementia, Staubus/Randall is committed to providing vigorous and empathetic guardianship representation to expertly meet these needs.
When there is no dispute that the person in question lacks the capacity to make their own medical or financial decisions, our experience makes the guardianship process relatively simple.
When the issue of capacity is contested by the Proposed Ward or by a family member or other party, a guardianship contest can become a hotly contested and complex case, requiring the knowledge, experience, and fire power of a boutique law firm team of experienced guardianship lawyers with specific guardianship trial experience.
We often represent family members in seeking guardianship of an aging parent or other family member who is the target of financial abuse, misuse of a power of attorney, neglect, or other forms of elder abuse. Typical warning signs giving rise to the need to pursue a guardianship of a vulnerable adult includes sudden changes in power of attorney or estate plans, unusual banking activity, transfers of assets, or a caregiver or family member who isolates the elder from seeing or talking to their family members or friends.
We also defend persons against guardianship actions brought by family members or others seeking to gain control of that person's assets or to place them in a nursing home against their will, or attempting to void existing powers of attorney.
In support of our guardianship representation, we maintain a network of recognized and respected medical and financial experts to utilize where appropriate in seeking or defending against a guardianship application.


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