Guardianship petitions are contested more often than people expect, usually because a family has divided rather than because anyone has done anything wrong. That does not make it less serious — a contest is expensive, and it puts the person who needs the help through litigation.
Who can object
The person proposed for guardianship, their spouse, their parents, siblings and adult children. In practice anyone served with the petition has standing to object, and a person with capacity may object to their own guardianship even though it is unusual.
Grounds that come up
- Insufficient evidence that the person cannot manage their affairs
- The proposed guardian being unsuitable — a conflict of interest, a history of mishandling money, an inability to work with the family
- Improper service or a defective filing
- The guardian’s authority being broader than the person actually needs
- A less restrictive alternative being available — a valid power of attorney, or supported decision-making
- Where the guardianship concerns property, that it is being used to take property rather than to protect it
What evidence actually moves a court
Specifics. Not “she is confused” but “she has not managed her own medications since March and has had two hospital admissions for missed doses.” Not “he is unsuitable” but “he has taken a distribution from the account without authorisation and the bank records show it.” Courts are not deciding between two relatives on the basis of who is more devoted. They are deciding on a record.
Medical records, functional evidence with dates, financial records, and a clear account of what was done and by whom are what make the difference.
Before you file
Contesting is rarely the best first move. If the disagreement is about who should serve rather than whether a guardianship is needed, the court can appoint a different guardian and both sides may end up worse off — you have spent the money, and the person has been through it. Mediation genuinely resolves a great many of these, and it is faster and cheaper than a hearing.
Where I would not try mediation is where there is a genuine risk of financial harm, where the person is at risk of being moved somewhere inappropriate, or where the capacity question is seriously in dispute. In those cases the objection has to be made on the record.
What happens at a contested hearing
It becomes a trial. Both sides present evidence on capacity and on the suitability of the proposed guardian, and the court may order an independent evaluation. If a lawyer is needed, it is needed. The hearing itself is one event; the preparation is the work.
Protecting the person rather than winning
I represent families on both sides of these disputes, and I have never thought it useful to frame them as winners and losers. The outcome that matters is a guardian who will actually cooperate with the family and the professionals involved, because a guardian who is at war with the family is worse for the person than almost any alternative arrangement. That is the question I try to keep in front of everyone.
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Guardianship · 2 minute read · Published September 11, 2025