By: Attorney Shira Truitt
Adult guardianships are no easy task to undertake. Sometimes, the person feels as if they're on the edge and just need a little help—but not a full guardianship. In my experience, this is sometimes due to the person not wanting to be declared incompetent to make their own decisions—especially when they need just a little help! Sometimes, the parties agree that a guardianship is necessary, but the wrong person applies for guardianship. Those cases, and others like them, are ripe for the ward—or another person—to contest the guardianship. An adult guardianship is a legal arrangement in which a court appoints a person, known as the guardian, to make decisions on behalf of another person, known as the ward. Guardianships are typically used for individuals who are unable to make informed decisions about their own care due to a physical or mental disability, or due to age.
In Missouri and Illinois, an adult guardianship can be challenged or contested in court by the ward or by any interested party. This may be necessary if the ward believes that the guardianship is no longer necessary or that the guardian is not acting in their best interests.
In Missouri, a petition to contest an adult guardianship must be filed with the probate court. The petition must be served on the guardian and any other interested parties, and a hearing will be scheduled to determine the validity of the guardianship.
In Illinois, a petition to contest an adult guardianship must also be filed with the probate court. The petition must be served on the guardian and any other interested parties, and a hearing will be scheduled to determine the validity of the guardianship.
During the hearing, the court will consider evidence such as the mental capacity of the ward, the appropriateness of the guardianship, and the best interests of the ward. The court may modify or terminate the guardianship as appropriate.
Overall, an adult guardianship can be contested in Missouri and Illinois by filing a petition with the probate court. The court will consider evidence such as the mental capacity of the ward and the appropriateness of the guardianship in determining the validity of the guardianship.
References:
"Missouri Probate Law" (https://www.aging.mo.gov/aging-in-missouri/advanced-directives/probate/)
"Probate in Illinois" (https://www.illinoislegalaid.org/legal-information/probate-illinois)
"Contesting an Adult Guardianship in Missouri" (https://www.hg.org/article.asp?id=43736)
"Contesting an Adult Guardianship in Illinois" (https://www.illinoislegalaid.org/legal-information/contesting-adult-guardianship-illinois)
If you need legal advice or a lawyer in Illinois or Missouri, please contact The Truitt Law Firm, LLC for assistance. For more information on The Truitt Law Firm, LLC or to schedule an appointment, please go to www.thetruittlawfirm.com.
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