Guardianship Litigation: Does The Appointed Guardian Need To Be Removed?

When anyone is named the guardian of a person who has become incapacitated, they have been given a big responsibility. When someone is named a guardian, they have to be meticulous about all matters concerning their ward, especially when it comes to their finances and their state of health.

If one of your family members has been named someone’s guardian and you feel he or she is not treating the ward fairly or if you think the guardian is not fulfilling their responsibilities, guardianship litigation may be the best way to handle this matter.

You can tell the court why you feel the appointed guardian should no longer be responsible for caring for your other family member. The court can decide whether or not the appointed guardian should be removed.

If the appointed guardian does any of the following or has any of the following, you can present your case to the court.

Here are some reasons why the court will have the appointed guardian removed:

  • The guardian is using their powers to his/her advantage
  • The guardian is not fulfilling any of the responsibilities he/she promised to fulfill
  • The guardian has been convicted of a felony
  • The guardian abuses drugs and/or alcohol
  • The guardian is not following any of the orders given by the court
  • The guardian is not using the finances on the ward, but himself/herself instead

If you know the appointed guardian is not being responsible and is not properly looking after your loved one, you can contact us today for additional information.