Daniel G. Fish, partner with McLaughlin & Stern. Courtesy photo Guardianship and the Abuse of Special Proceedings
"Special proceedings should not be transmuted into plenary proceedings for the tactical advantage of one party," writes Daniel G. Fish.
August 13, 2024 at 12:00 PM
6 minute read
There is a disturbing trend where contested guardianship cases are being litigated like plenary proceedings, ignoring the fact that they are special proceedings. This strategy intentionally drags out what was meant to be a quick proceeding by months or even years. The delay harms the very individuals the guardianship statute was meant to protect.
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