Guardianship or power of attorney disputes are never pleasant. Unfortunately, such disputes usually involve family members and often drag up long standing, unresolved issues between family members. Litigants can quickly lose perspective, disregard the best interests of the incapable person, and engage in scorched earth litigation. As the population ages and lives longer, such family fights are not uncommon. However, the Courts have not remained silent. The Courts have become more proactive in managing such litigation, focusing with laser precision on the best interests of the incapable person, and using cost awards to either discipline litigants or rein in frivolous or fruitless litigation. Before embarking on a full fledged guardianship fight, a party must carefully consider what is in the best interests of an incapable person and whether there are other less corrosive means to protect the well-being and interests of an incapable person.
Read the full paper Recent Guardianship Cases – 2012.