Frequently Asked Questions and Other Helpful Information
How do you Remove or Replace of a Guardian?
A petition asking the court to review the guardianship can be filed in the clerk of court’s office by the incapacitated person, the incapacitated person’s attorney, the incapacitated person’s family, or any concerned party. This petition should simply state the reasons a review is being requested. It is strongly recommended that the petitioner seek legal assistance when considering whether to file such a petition. There may be quicker, more effective, and/or less costly remedies available, such as writing a letter to the guardian or asking an ombudsman or other advocate to intervene with the guardian.
The court may order a hearing at which the party bringing the petition presents evidence. At the conclusion of the evidence, the court may order the guardian to consider or pursue a different course of action, be more responsive to the needs of the incapacitated person, file timely reports or accountings, or the court may remove and replace the guardian. Where it can be shown that the incapacitated person has regained the capacity to make decisions in some or all areas, the court may dismiss or modify the guardianship.
• When is Guardianship necessary?
• How do you Remove or Replace of a Guardian?
• Duties of a Guardianship of the Estate or Property
• Duties of a Guardianship of the Person
• Rights of the Incapacitated Person (1-5)
• Rights of the Incapacitated Person (6-10)
• Rights of the Incapacitated Person (11-15)
• Substituted Judgment versus Best Interest Standard
• Best Interest versus Substituted Judgment Standard