Probate Battles: Who is Going to be the West Palm Beach Guardian?

I have written blogs in the past about what to do if you cannot serve  as the guardian of a loved one in West Palm Beach. But what about when there is a line of people who want to serve, how does the probate court decide? Check out a recent probate appeal from Ohio to learn about dueling guardianship battles. 

Guardianship Battles

• Who is going to serve as the guardian of a loved one in West Palm Beach is a serious concern for obvious reasons.
• This can include not only the financial but also the social and medical well being of a parent or other loved one.
• Sometimes no one wants to serve but other times everyone wants to serve.
• Experienced Palm Beach probate litigators know how the Court will decide who should be the guardian.
• If you are thinking, well is it going to be me?
• The answer is … it depends.
• There are a lot of factors to consider in any guardianship case and who to appoint as the guardian ad litem is certainly one of them.
• If you want to learn more about the calculus that the judge is going to perform then check out this recent case out of Ohio where two children battled over who should be their parent’s guardian.

In re Guardianship of Bolog

• This was an appeal from a family guardianship dispute in Ohio.
• The daughter of an elderly man filed to be appointed his guardian but her younger brother objected and felt that he should serve as guardian.
• There was even a separate case with the mother being fought over under almost identical facts.
• One can only imagine the family drama that had to develop for all of this to get to this stage of probate litigation.
• It is almost as if no one could agree on anything.
• Do you know what the probate court did?
• Who would you pick, the brother or sister?
• The Court chose to punt it to a third option when they appointed a neutral third party attorney to act as the guardian.
• Sometimes rather than trusting any family member the Court will choose to pick a third party.
• What is the down side to this?
• Well, the third party guardian is going to charge money that the family members may not have.
• What other considerations does the Court make when choosing who will be the West Palm Beach guardian?

Want to learn more?

Check out this entire case by clicking here.

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