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Tips for resolving guardianship disputes

On Behalf of | Sep 9, 2021 | Guardianships

Making personal or medical decisions on someone else’s behalf is not a precise science; people have different perspectives and opinions about what is in another person’s best interests, which can lead to conflicts.

Thus, it can be crucial to know how to resolve guardianship-related disputes peacefully if you or someone you love is involved in this type of arrangement.

Seeking amicable resolutions

In general, people hope to avoid ugly court battles and expensive legal claims. Taking the amicable route allows people to save time and money, as well as preserving personal relationships.

If an argument involving a guardianship arises, you can take the following steps to resolve the issue before it gets worse:

  1. Bring up concerns as soon as they arise. Often, talking about an issue immediately makes it simple to clear up confusion or correct an oversight before more formal action is necessary.
  2. Talk to an attorney. You may not understand the legal ins and outs of guardianship or the duties of a guardian, and misunderstanding these issues can create preventable conflicts. When you consult an attorney, you can get a clearer sense of the obligations, responsibilities and options.
  3. Start with mediation. Cooperative dispute resolutions methods like mediation can be beneficial for several reasons. They motivate parties to take a collaborative approach to their argument and helps them identify solutions that are the best fit for their specific situation.
  4. Seek an outside opinion. Depending on the type of dispute, it can help to seek the opinion of someone else. This outside party could be a doctor, financial professional, lawyer or family member who is not directly involved in the conflict. These people can provide an informed opinion or fresh perspective.

These measures can minimize the fallout of a guardianship dispute while also preserving the ward’s best interests. 

When aggressive action is necessary

Unfortunately, some arguments cannot be resolved peacefully; others are too complex for parties to work out themselves. Under these circumstances, going to court for a solution can be necessary.

Whether you go to mediation or court for a guardianship dispute, taking an aggressive approach can be appropriate if there are concerns about abuse or a ward’s well-being. 

Guardianship disputes can be highly emotional and frustrating, especially when they pit family members against each other. Attempting to resolve them peacefully and taking direct action can help you protect a vulnerable loved one and the personal relationships you share.