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Elder Law Services Protecting Your Loved Ones

Contested Guardianship in Fairfax

When Family Members Disagree

Fights over guardianships are not uncommon in families, and siblings may have disagreements over mom or dad's assets or care. Whether you are seeking a guardianship appointment for an elderly loved one, or if you wish to contest such an action, our Fairfax County guardianship attorneys at Hale Ball Carlson Baumgartner Murphy, PLC can help.

Attorneys Jean Galloway Ball and Loretta Williams are certified in elder law by the National Elder Law Foundation, and members of our legal team have achieved notable distinctions such as selection for inclusion in Super Lawyers® and the AV® Rating from Martindale-Hubbell®.

Grounds for Contesting Guardianship

For elder law attorneys filing guardianship actions, questions often arise regarding the alleged incapacitated person's ability to manage their affairs safely and appropriately, and whether the proposed guardian is the best person to serve.

Virginia law provides for limited guardianships, so it's not unusual for the elderly person to retain his or her own attorney, or appear competent though a closer look would show that they're unable to properly care for themselves and their home.

Common grounds for contesting guardianship:

  • The elderly person is not incapacitated.
  • Hiring a caregiver is a better alternative.
  • Is there a Power of Attorney in place?
  • Is the person petitioning for guardianship fit to serve a fiduciary capacity? Does this person have a criminal record, any bankruptcies, and are they capable of filling this role?
  • The petitioner is NOT a family member.
  • There are concerns over financial exploitation.

Do you expect a contested guardianship?

When clients want to petition for a guardianship, we will ask them if they anticipate that the respondent (alleged incapacitated person) or another family member will contest the proceeding. Sometimes clients don't anticipate any such problems, but disgruntled family members unexpectedly appear.

Guardianship proceedings can bring out long-standing family disputes, or adult children can question the motivations behind such actions, giving rise to a challenge. As Fairfax elder law attorneys, our intention is to provide the legal representation and advice you need to resolve your guardianship matter effectively.

If you are concerned about financial exploitation, neglect, or abuse, you should contact our office for help.