Can a guardianship be contested?

Yes, a guardianship can be contested in North Carolina. Generally, guardians are appointed by a court when it is determined that a minor child or an incapacitated adult cannot make decisions on their own. However, if anyone feels that the guardianship is not in the best interests of the ward, they have a legal right to contest the guardianship. Contesting a guardianship is a legal process, and the person contesting the guardianship must prove that the guardianship is not necessary or that the appointed guardian is not suitable for the role. This is done by filing a motion in court and providing evidence that the guardianship should not be granted. The court will then weigh the evidence and render a decision. While any person can contest a guardianship, often it is the ward or a family member that contests the appointment. The ward can make a request to the court to have a say in who will be their guardian. If the court feels the person is capable, they can ask the ward for their opinion on the appointment of a guardian. Family members may also ask to have a guardian who is better suited to the needs of the ward. One example is that an adult child may request that they, instead of their elderly relative, be appointed guardian. Regardless of who contests the guardianship, the court will make its decisions based on what is in the best interests of the ward. The court will consider the evidence provided and make a decision to uphold or dismiss the guardianship.

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Can a guardianship be contested?

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