Guardianship and ConservatorshipScottsdale Guardianship and Conservatorship Litigation Attorney

What Leads to Protective Proceeding Disputes?

In Arizona, a court appoints a guardian to make decisions about a person’s physical care and well-being, while a conservator manages their financial affairs and assets. These roles depend on a foundation of trust and legal responsibility, commonly called a fiduciary duty. Disputes often arise when family members feel that their duty is not being met, or when there are fundamental disagreements about what is in the protected person’s best interest. 

Common triggers for these frustrating legal battles include: 

• Concerns over a fiduciary’s decisions. This can range from clear misconduct, such as misusing funds, to sincere disagreements over healthcare choices, living arrangements, or the management of assets.
• Contested appointments. Family members may disagree from the outset about who should be appointed guardian or conservator, leading to a court dispute over the fitness of the proposed candidates.
• Lack of communication and transparency. A guardian or conservator who fails to provide required financial accountings or communicate with interested parties can create suspicion and frustration, even without wrongdoing.
• Potential undue influence. Sometimes, a person may have wrongfully influenced the protected person, creating conflicts of interest requiring court action.

These situations require legal intervention to protect the incapacitated individual and ensure they are in the best possible hands.

The Complexities of Guardianship Litigation

When an individual’s physical or emotional well-being is at stake, guardianship litigation provides a legal avenue to seek a change in their care. Arizona law allows for the removal of a guardian for good cause. This involves showing that the guardian has failed to provide adequate care, made inappropriate housing decisions, or is not acting in the person’s best interests. 

Successfully navigating guardianship litigation involves presenting compelling evidence to the court that a change is necessary. This can include: 

• Testimony from family members, caregivers, and friends;
• Medical records that show a decline in health; and
• Reports from court-appointed investigators or medical professionals.

The goal is to demonstrate to the judge that a different arrangement would better serve the vulnerable adult’s well-being. Whether you are concerned about neglect or believe there is a better way to care for your loved one, we know how to build a case centered on the facts.

Navigating Conservatorship Litigation

Because it involves managing someone else’s money, courts highly scrutinize conservatorships. Disputes frequently arise when there are concerns about how assets are being handled, such as:

• Commingling assets—mixing the protected person’s funds with the conservator’s funds;
• Self-dealing—using the position for personal financial gain;
• Failing to account—not providing detailed and accurate financial reports; or
• Making risky investments—placing the estate’s assets in jeopardy.

While these issues often indicate misconduct, a court can substitute a conservator if the change is simply in the best interest of the protected person. This means litigation can focus on demonstrating that a different person could provide better financial stewardship and security. 

Why You Need a Conservatorship Litigation Attorney

In these disputes, the term conservatorship takes on a powerful dual meaning. Our mission is to conserve and protect the health and wealth of your loved one. You need a strategic and assertive approach in the courtroom. Raising concerns is not enough; you must present a clear, evidence-based argument that persuades a judge to act.

A skilled guardianship litigation attorney can manage every aspect of the case, from filing the initial petition and gathering evidence to representing you in hearings and settlement negotiations. We work to resolve matters efficiently while preparing to vigorously advocate for your position in court if you cannot reach a fair resolution. 

Our Approach at Theut Scaringelli & Kupiszewski

At Theut Scaringelli & Kupiszewski, we are problem-solvers who provide direct, personalized representation. We founded our firm on the principle that clients deserve direct access to experienced attorneys who offer strategic and cost-effective solutions. 

Founding partner Paul Theut brings over 40 years of legal experience, and our team combines deep knowledge in estate planning and complex litigation. This unique blend enables us to understand these issues from every angle, from properly structuring a protective proceeding to effectively litigating a dispute when something goes wrong. We are committed to protecting your family and assets with the focused advocacy you deserve. 

Contact a Scottsdale Guardianship Litigation Attorney Today

You do not have to confront a guardianship or conservatorship dispute alone. Protecting your loved one’s future is too important to leave to chance. The attorneys at Theut Scaringelli & Kupiszewski, P.L.C. are ready to listen to your story, explain your options, and fight for the right outcome. Contact us today to schedule a consultation and discover how we can assist you.