Q: How do I challenge a guardianship and request to be successor guardian/conservator of my adult disabled son? What steps

A: To challenge a guardianship and seek to become the successor guardian or conservator for your adult disabled son, you must begin by understanding the legal procedures in your state. First, research or consult with an attorney to gather information about the necessary legal forms and documents. You will need to file a petition with the court that currently holds jurisdiction over the guardianship, detailing your relationship to the individual and your reasons for seeking the change.

Prepare to present evidence that supports your claim that the current guardian is not acting in the best interests of your son, or that you would serve as a more suitable guardian or conservator. This may include medical records, financial statements, or testimony from individuals familiar with the situation. It is also crucial to demonstrate your ability to adequately care for and manage the affairs of your son, highlighting your understanding of his needs and your plan for addressing them.

Once the petition is filed, the court will likely schedule a hearing where both you and the current guardian will have the opportunity to present your cases. It is essential to be well-prepared for this hearing, possibly with legal representation. The decision to change guardianship will ultimately rest with the judge, who will consider the best interests of your son above all. Keep in mind, this process can be emotionally challenging and legally complex, so seek support and guidance as needed throughout.