An uncontested guardianship is a guardianship case in which all interested parties agree that a guardian should be appointed for the alleged incapacitated person. Instead of requiring formal service on every interested party, the parties sign waivers and consents to the guardianship, which are filed with the court.
What Still Needs to Be Filed
Even when the guardianship is uncontested, you must still file the initial incapacity pleadings and the guardianship pleadings. You must also pay the required filing fees for both cases: one fee for the incapacity case and one fee for the guardianship case.
How Waivers and Consents Help
In an uncontested guardianship, waivers and consents can take the place of formal service on interested parties. This streamlines the process because, rather than serving each person in strict compliance with the statute, you file their signed waivers and consents with the court.
What Role the Examining Committee Plays
The alleged incapacitated person must still be evaluated by the examining committee. Those evaluations remain a required part of the process, even when everyone agrees that a guardianship is necessary.
What the Court-Appointed Attorney Does
The court still appoints an attorney for the alleged incapacitated person. That attorney must serve the alleged incapacitated person with the incapacity and guardianship pleadings and discuss the case with them. After the attorney receives all three examining committee reports, the attorney will advise whether there is any objection to the guardianship.
When the Guardianship Can Be Finalized
If the court-appointed attorney does not object after reviewing the examining committee reports, you may move forward with finalizing the guardianship with the court. If there is an objection, the matter becomes contested, and a hearing will be required. At that hearing, the examining committee reports must be introduced into evidence.
Why Uncontested Guardianships Are Often Better
An uncontested guardianship is generally easier, faster, and less expensive than a contested guardianship. By contrast, contested cases often involve family disputes over who should serve as guardian. Those disputes can drain the alleged incapacitated person’s funds, create stress, and cause long-term animosity within families.
Common Causes of Contested Guardianship Cases
Contested guardianship proceedings often arise when relatives accuse another relative, or even an outsider, of taking control of the alleged incapacitated person’s finances for personal benefit. Concerns may include misuse of a checkbook, persuading the person to write checks, or isolating the person from family and friends.
If you have more questions regarding a Marital and Family Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation. You may also visit my website at: https://www.annmariegildenlaw.com
This article is for informational purposes only and does not form an attorney client privilege.