Can an individual object to a guardianship?

Yes, an individual can object to a guardianship in California. This process is known as a “contested guardianship”. A contested guardianship is usually started when the proposed guardian or conservator submits an application in court to be appointed guardian or conservator of a person or estate. The individual who is the subject of the guardianship may object to the appointment of the guardian or conservator. Objecting to a guardianship requires the individual to provide evidence that they are capable of making decisions and can provide their own care. This may include proof of employment, access to financial resources, or evidence that the individual is able to work with a support team. The court will then appoint a court investigator, who will review all the evidence and report to the court. The court may also appoint an attorney for the proposed guardian or conservator to make sure that their rights are protected. The court will then make a decision on the guardianship or conservatorship issue. If the court decides that it is in the best interest of the individual to be placed in a guardianship or conservatorship, they will appoint the proposed guardian or conservator. If the court decides against guardianship, the process ends at that point and the individual remains independent.

Related FAQs

What is the process for appealing a guardianship decision?
Can a guardianship be contested?
Who is responsible for a guardian’s legal fees?
What are the duties of a guardian?
How do you select an appropriate guardian?
Can a guardianship be changed?
What is the difference between a guardian and a conservator?
Can a minor choose their own guardian?
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