Appointment of Guardian

When the court determines that an individual lacks capacity and appoints a guardian, that person is no longer recognized as a full legal actor. They cannot enter into contracts, get married, vote or even hire their own counsel without the guardian's permission. This "civil death" creates a vacuum where the ward is vulnerable to isolation and financial exploitation by the person who is supposed to protect them. We move with tactical speed to challenge these seizures, utilizing least-restrictive alternatives to ensure that the individual maintains as much freedom as possible under the law.

Probate judges often default to a plenary or total guardianship because it provides the most "safety" for the state and the court system. However, this safety comes at the cost of the individual's dignity and freedom. Limited guardianships or powers of attorney are frequently ignored in favor of a total transfer of power. Our firm utilizes forensic medical experts to challenge "incapacity" findings, preventing the state from stripping you of your right to live with dignity and self-determination.

Estranged children or distant relatives may argue that an individual is being "exploited" by others to justify taking control of the financial assets themselves. By obtaining a medical report that suggests cognitive decline, they can trigger an emergency Appointment of Guardian that removes the individual from their home and freezes their accounts. This isolation allows the relative to manage the estate without a watchful eye. We act as a formidable barrier against these interlopers, exposing their financial motivations and defending your right to manage your own financial destiny.

The court typically appoints an investigator or a doctor to perform a high-pressure evaluation of the individual's cognitive functions. These evaluations are often superficial and fail to account for the person's unique lifestyle or desires. Because the system is built on "risk management," these experts are incentivized to find a lack of capacity to avoid liability. We perform a forensic review of these medical reports, identifying procedural flaws and clinical bias to ensure the court receives a fair and balanced view of your actual capacity.

The probate court must approve the fees charged by guardians and their attorneys, but these hearings are often perfunctory and lack meaningful oversight. 

As long as the fees are deemed "reasonable" by the court, the guardian can continue to bill the estate for every phone call, email and visit. This creates a perverse incentive for the guardian to keep the case open and the ward institutionalized to maintain a steady stream of income. We provide the authoritative oversight needed to audit these billings, challenging excessive fees and demanding a forensic accounting of every dollar taken from your estate.

Real estate is often the most liquid-ready asset in an estate. Professional guardians frequently seek court permission to sell the ward's home to "fund future care," even if the ward desperately wishes to return to their sanctuary. Once the home is sold, the individual is effectively stranded in a facility with no hope of reclaiming their former life. The proceeds from the sale become a pool of cash that is easily accessed for guardian fees. At SJKP LLP, we aggressively fight the sale of family real estate, utilizing alternative funding and home-care strategies to preserve your home.

The moment the court appoints a guardian for your child, your right to direct their upbringing is legally extinguished. The guardian has the final say in every critical aspect of the child's life, and you cannot simply take the child back without a new court order. This power imbalance often leads to a functional estrangement that becomes harder to reverse the longer the guardianship persists. We provide the litigious force needed to challenge these petitions and ensure that any temporary measure has a strict expiration date and a clear roadmap for the restoration of parental authority.

Grandparents or aunts often use the Appointment of Guardian process to seize control of a child because they disagree with the parent's lifestyle or choices. They present a distorted version of reality to the court, framing a single lapse in judgment as a pattern of permanent unfitness. The court, operating under the subjective "best interests" standard, may favor a stable-looking relative over a struggling parent. We provide the aggressive litigation needed to expose the predatory motivations of these third-party claimants and restore the bond between parent and child.

A restoration of rights occurs when the court signs an order terminating the guardianship and returning all decision-making power to the individual. This typically requires fresh medical evaluations from independent experts who can testify that the individual is capable of managing their own affairs. We build a litigation-resistant record of your current fitness, utilizing occupational therapists and neurologists to provide the objective proof required to satisfy a skeptical judge and restore your sovereignty.

The court defaults to the current placement of the ward or child to maintain "stability." To break this cycle, you must prove a substantial change in circumstances—meaning the specific issues that led to the Appointment of Guardian have been permanently corrected. A parent or adult who has made progress but lacks a long-term pattern of stability will likely be denied. We assist our clients in building a "re-entry plan" that satisfies the court's demand for long-term reliability, ensuring that your petition for termination is unassailable.