In New York, there is a very high standard to be met to persuade a court to remove a guardian. The Mental Hygiene Act §81, 35 provides that a “court appointing a guardian may remove such guardian when the guardian fails to comply with an order, is guilty of misconduct, or by any other court appears fair. In most cases, a court hearing is required to terminate an adult's guardianship. Anyone (a guardian, a relative, or the subject of the guardianship) can submit documents asking the judge to decide if guardianship is still necessary.
Read this section to learn more about why a guardianship can be terminated and to find the forms needed to ask the judge to end the guardianship. It is not often a question of what seems logical or right in the eyes of the family, but rather what best suits the person in need of guardianship. If a guardian is found to be no longer good for the person being cared for, Florida law will allow the guardian to be legally removed. If there is no evidence of misconduct or that the elderly person is suffering at the hands of the guardian, then it may be difficult to remove them.
In some cases, it is necessary to appoint a guardian to take care of your loved one's affairs in case you are unable to do so. In conclusion, it should be noted that the steps to dissolve the guardianship of an adult may differ from those necessary to annul the guardianship of a minor under guardianship. For example, if the guardian is neglecting his or her duties or is no longer able to perform them due to death, disability, or limited time, a court may determine that there is good reason to replace the guardian. A guardian is usually appointed by the court or a close relative, which means that the chosen person is probably a person of trust and that it seems that he would be faithful to the ward.
If a person believes that a certified professional guardian is acting unprofessionally, the person can file a complaint directly with the Certified Professional Guardianship Board. At the hearing, the court may award relief it deems fair and in the best interest of the person holding the guardian. It is for this reason that it is important to spend a lot of time and care in appointing a guardian before doing so, as it is often difficult to “undo that appointment at the end”. Your lawyer can also provide you with legal representation during any court proceeding, such as when the guardian or other party challenges your request to revoke the guardianship agreement.
Dismiss the guardian on a court form called the Termination of Guardianship Order and Order in a Removal Petition. Another case in which a guardianship agreement can be set aside is when the agreement expires on its own. If the Board receives a complaint about a certified professional guardian, the Board can send the complaint to the court overseeing the guardianship to treat it as a complaint. If you were the custodian of your ward's property management, your obligation to manage your ward's funds is now greatly reduced; from now on, you are only allowed to pay some outstanding bills for services rendered while your ward was still alive (for example, home care expenses), annual bond premium that remains in effect until you are officially discharged and your ward's funeral bills.
Under Section 474 of the Florida Statutes, there are 21 reasons why a guardian can be removed from their title. You need to be able to prove that your loved one is at risk or that the guardian is taking advantage of them to have them removed. For example, when a guardian is abusive towards the conservatee, shows signs of violent inclinations, or completely neglects the care of the conservatee, then a court may step in to revoke the agreement and appoint a new guardian. A person can contact the clerk of the superior court in the county where the guardianship was created for more information about the guardianship process.
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