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Reversing a Guardianship Agreement
Legal guardianship is a court-ordered arrangement by which someone is appointed to serve as the guardian of a person who cannot handle their own affairs, such as children and the mentally disabled. The guardian has a duty to protect the interests of their ward.
There are cases in which the ward, a concerned third party, or the guardian himself may wish to have the appointment reversed. If the ward becomes competent to handle his own affairs, he might want the guardian removed so he will be free to do so.
If the guardian is unable or unwilling to perform all the necessary functions, a third party may seek the removal of the guardian, or the guardian may seek to have the order reversed herself.
Any person over the age of 14 interested in the welfare of the ward can petition for removal of a guardian.
The power to remove a guardian rests exclusively with the court that appointed the guardian in the first place. Courts are allowed wide discretion when deciding whether to remove a guardian. It is up to the court to determine if the guardian is unfit for his or her duties, whether the ward no longer requires a guardian, or whether it would be in the ward’s best interests to have a new guardian.
Many state laws have a list of specific grounds for removal of a guardian. If none of the enumerated grounds for removal are met, the guardian can generally not be removed. One of these grounds is a catch-all: when it is in the best interests of the ward. This allows courts broad discretion in the matter. Some other grounds for removal include conviction of a felony, disobedience of court orders, the failure to properly use the ward’s funds for their support, improper handling of assets, or the departure of the guardian from the state.
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