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What happens if your guardian is negligent or fails in their role?

| Dec 9, 2015 | Guardianships & Conservatorships |

Imagine that you are in your later years, and you are in need of a guardian to help you with many important matters in your life. Your finances; your medical care; and even basic household chores or duties are being handled by this guardian. Obviously, given the incredible importance of the role of guardian, you are going to want to have a trustworthy person in the role.

But let’s say that your guardian actually doesn’t fulfill his or her duties in the most faithful and trustworthy way. What happens then?


It’s unfortunate, but some people are negligent or abusive in their role as guardian. This may lead to physical abuse, or financial abuse of the ward (i.e. the person aided by the guardian). In these cases, the guardian can (and should) be removed for their negligence. There are even less severe cases where the guardian simply isn’t doing a good enough job to help the ward. Again, the guardian can be removed in these cases.

There are also far more mundane situations where the guardian simply isn’t needed anymore. This can happen when the ward is no longer in his or her incapacitated state.

Court orders are necessary in these cases, and the process of selecting or removing a guardian can be more challenging and complex than it may seem on paper. If you are a ward, or are in the process of appointing or obtaining a guardian, you should consult with an experienced estate planning attorney so that your case is handled properly.


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