What Happens if a Guardian is No Longer Fit?

In Florida, Guardianship is a legal mechanism used to protect individuals who cannot make decisions for themselves. A Guardian is appointed by the court to act in the best interest of a Ward, this is true whether the individual is a minor or an incapacitated adult.

While a Guardian may initially seem to be a good match, there are times when loved ones believe they are no longer fit for the role. Due to misconduct, neglect, or incapacity themselves, a Guardian can be removed and replaced through a legal process. Talk to a Pompano Beach estate litigation lawyer to learn more.

Grounds for Removing a Guardian

Under Florida law, a Guardian may be removed for a variety of reasons, including:

• Abuse, neglect, or exploitation of the ward
• Failure to perform legal duties
• Incapacity or illness
• Mismanagement of the ward’s assets
• Conflicts of interest or criminal conduct

Concerns may be raised by family members, interested parties, or even the ward, if they are capable of expressing their wishes.

If there is a concern about a Guardian’s fitness, a petition for removal must be filed with the probate court overseeing the Guardianship. The petitioner must provide compelling evidence supporting the claim that the Guardian is no longer appropriate for the role.

The court may schedule a hearing to consider the evidence. During this hearing, both the petitioner and the Guardian can present testimony, records, and expert opinions. Should a Guardian be removed, the court will assess who is best suited to take over the role. This could be another family member, a professional Guardian, or a public Guardian if no other suitable candidates are available. The proposed Guardian must complete background checks and may need to undergo training, depending on the nature of the Guardianship.

If the Ward is capable of expressing a preference, the court may take those wishes into consideration. The court’s primary concern is always the ward’s best interest and well-being.

Case Examples Highlighting Complexities

Recent Florida cases highlight the intricacies of guardianship disputes. In Smith v. Guardianship of Jones, the appellate court upheld the removal of a guardian who failed to account for over $100,000 in missing funds. In another case, In re Guardianship of Taylor, a family dispute over the care of an elderly relative led to the replacement of a guardian who was found to be isolating the Ward from other family members.

Disputes surrounding Guardianship are emotionally charged and legally complex. When you are seeking to remove a Guardian or are defending yourself against removal, having a seasoned Pompano Beach estate litigation lawyer on your side is key. Legal professionals have the skills to guide you through filing petitions, presenting evidence, and protecting the interests of yourself and your loved one.

Can you have a guardian removed? If you believe a Guardian is no longer fit to serve, don’t wait. Prompt legal action can safeguard the health, finances, and dignity of the ward. Have a conversation with the skilled legal team at Mark R. Manceri, P.A. Schedule a confidential consultation today.