Seasoned Litigation Representation In Contested Guardianship And Conservatorship
Contested guardianship cases begin with the filing of the petition to have someone, usually the person who filed the petition, appointed as guardian and conservator of an incapacitated person. There are situations where someone, often a relative, challenges the petitioner’s request to be appointed as guardian and conservator. These individuals will have a right to receive court papers, notices of hearings and an opportunity to be heard by the Court in the final hearing.
In a contested guardianship case, like any other contested lawsuit, the petitioner and other parties may engage in discovery to obtain information, documents, or other evidence to support or challenge the appointment of the proposed guardian and conservator. Depending on the circumstances and complexity of the case, discovery can be as simple as obtaining mental health records through a subpoena, or as extensive as conducting depositions of medical professionals, the parties, witnesses and others.
Taking A Thorough Approach To Contentious Litigation
Mr. Park’s representation of clients in contested guardianship/conservatorship proceedings includes a thorough review and consultations about the incapacitated person’s mental health history, his/her needs for the foreseeable and long-term future, and the objectives for his/her lifestyle. He works closely with his clients and guardian ad litems, who are appointed in every guardianship/conservatorship case, to investigate and report to the Court on his/her recommendation on whether the petitioner should be appointed, and what additional limits, if any, should be placed on the guardian/conservator’s powers over the ward’s person and property.
Should the appointment of a guardian/conservator become a disputed matter, Mr. Park has many years of trial experience, including preparing his client for trial. It is not uncommon for even the most contested guardianship/conservatorship matters to settle before trial. When guardianship/conservatorship cases settle pursuant to an agreement for the petitioner to be appointed, there is often some limitation placed on his/her powers or additional duties or oversight placed on him/her. A skilled attorney who can negotiate the terms of these settlements can have a profound impact on the Respondent
Come And Speak With The Attorney Today
Contact Mr. Park to discuss your loved ones’ circumstances and difficulties, and how you may assist them in the important personal and financial matters in their lives. Many of us care for our parents, grandparents, or other elderly and disabled persons uncertain of the authority that he/she has under the law to care for the person. Talk to an attorney to explore options. You can call the Law Office of Chong C. Park, Esq., PLLC, at 571-247-3219 or you can send a message to the office with a brief description of your case.
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