Can a guardianship be contested?

Yes, a guardianship in California can be contested. A guardianship is when a court appoints an adult, known as a guardian, to take legal responsibility over a minor or an incapacitated adult. A guardianship may be contested by asking the court to remove the guardian, by objecting to the appointment, or by challenging how the guardian is carrying out their responsibilities. If the guardianship was established through a court proceeding, then the court must approve any changes to it. This means that the court must consider any challenges to the guardianship before making any changes. Objecting to the guardianship requires filing a motion with the court. The motion should explain why the guardianship should be modified or terminated. If a party challenges the guardian’s decisions, they can ask the court to review the decisions and take corrective action if they are deemed to be inappropriate. The court will consider the best interests of the ward, or minor, when making its decision. If the guardianship was established outside of a court proceeding, then it can still be contested. However, the procedure for challenging it is less formal. Those wishing to contest the guardianship will likely need to submit a statement in writing to the guardian and to the court. The statement should explain why the guardianship should be modified or terminated. In any case, it is advisable to consult with a lawyer prior to filing any motion or statement as to properly navigate the process of contesting a guardianship.

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Can a guardianship be contested?

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