Adult Guardianship - Removal and Termination
A guardian can be removed and replaced with another guardian. A guardianship may also be terminated.
Removal of Guardian
The ward or someone acting on behalf of the ward may petition the court to remove and replace a guardian. A guardian who is no longer able or willing to serve as guardian may also petition the court for a replacement.
If the removal is not voluntary, the court may schedule a hearing on the removal of the guardian, at which time both sides may present evidence. At the conclusion of the hearing, the judge may order the current guardian to take a different course of action or comply with reporting and other requirements. The court may also decide to remove the guardian and either terminate or modify the guardianship or appoint a replacement.
A guardian may be removed for the following reasons:
- abuse of power ("fiduciary duties")
- failure to perform duties
- inability to adequately perform duties (e.g., the guardian becomes incapacitated)
- death of the guardian
- gross immorality
- having a conflict of interest that prevents the guardian from acting in the best interest of the ward
- becoming insolvent (guardianship of the estate only)
- determination that the instrument nominating the guardian was invalid
- failure to submit a required report to the court
- resignation of the guardian
- marriage of the ward
Once a guardian is removed, the court will schedule a hearing to review the final accounting within 15 days. At that time, the guardian of the estate must submit to the court a final accounting of the ward's assets. If the accounting is accepted, the court will discharge the guardian.
Termination of the Guardianship
A guardianship automatically ends if either the ward or the guardian dies. A guardianship can also be terminated if the court finds that the ward has been restored to capacity.
The ward, the guardian or a relative of the ward can petition the court to terminate the guardianship. If the guardian believes that a guardianship is no longer necessary, he or she is required to petition the court to terminate the guardianship.
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