How to change from legal Guardian?

How to Change Your Guardian

• Answer:

  There are several different types of guardian. Some guardians are chosen by the court and they cannot be changed, unless they engage in misconduct. An example of guardians chosen by the court are Guardians ad Litem appointed in child abuse, neglect or child custody cases. Another type of guardian is appointed over the property and/or person of an individual who is incapacitated. Generally in this case, a person who knows the individual petitions the court to appoint them to safeguard their loved one. This guardian is sometimes called a conservator. If you have a guardian appointed for you, you can petition the court to switch the guardian, if you believe the guardian is not acting in your best interest. Difficulty: Moderately Challenging Instructions Understand the role of guardians. Your guardian has a fiduciary relationship with you. This means the guardian is required to act on the behalf of your best interest Guardians are charged with the task of spending your money on your behalf. The guardian's right to manipulate your property may be limited. Guardians may not sell off your property without court permission. Gather your evidence. While you do not need to have any evidence for the initial motion. You will need evidence for the first and subsequent hearings. Good evidence are receipts or other documents that shows financial transactions by the guardian that were not for your benefit. File a motion with the court that appointed the guardian. The court clerk's office has motion forms you can use. In the motion, explain why you are concerned that the guardian may not be acting in your best interest. A third party can file the motion for you, if you are unable to do it yourself. The case number is the same as for the case where the guardian was initially appointed. Attend the hearing. The judge will hold a hearing on the motion. Explain to the judge why you believe that guardian may not be acting in your best interest. At the hearing the judge may temporarily appoint a new guardian, while investigating the allegations that the guardian is not acting in your best interest. The judge may appoint an attorney to the case to help with the investigation process. Tips & Warnings Tip: If you are concerned about the guardian appointed for your loved one, you can start a new case, asking for yourself to be appointed as the guardian. If you have evidence of guardian misconduct, you can file a motion in the current case. Tip: If you believe that a guardian was wrongfully appointed for you, you will need to challenge the competency findings in your case. Warning: The judge may hold several hearings to determine whether a new guardian needs to be appointed.