When a loved one passes away, they often leave behind not only their possessions but also responsibilities for those they cherished. They may appoint a guardian to protect vulnerable family members or dependents. Still, this person may abuse their power and cause harm to the very person they are supposed to care for.
In general, a guardian’s role is to act in the ward’s best interest. If you suspect a guardian misuses their authority, you can seek their removal.
Guardianship abuse is a serious issue
To legally request the removal of a guardian, you must demonstrate that they have engaged in misconduct or are unfit to continue serving in that capacity. Some common grounds for removal can include:
- Neglect: Failure to ensure access to basic necessities such as food, shelter and medical care.
- Abuse: Physical, emotional or financial harm to the ward.
- Mismanagement of assets: Misusing or stealing the ward’s money or property.
- Conflict of interest: Acting in their own interest instead of the ward’s.
- Incompetence: Inability to perform duties due to lack of skills or knowledge.
The process to remove a guardian typically involves filing a petition with the court. This petition must clearly state the reasons for removal and provide supporting evidence. The court will then set a hearing date to examine the case.
During the hearing, both sides present their arguments. The person seeking removal must prove that the guardian has failed in their duties or abused their power. The guardian has the right to defend their actions and present counter-evidence.
If the court finds sufficient cause, it may remove the guardian and appoint a new one. In some cases, it might modify the guardianship instead of completely removing the guardian.
Enlisting legal help is crucial
The legal system aims to protect those who cannot protect themselves. When a guardian abuses their power, removing them from their position becomes even more important.
It is always best to reach out to a qualified attorney in the estate litigation process. They can help you take the necessary steps to safeguard your loved one’s well-being.
