A guardian is someone appointed to make decisions on behalf of another individual (the ward) who cannot make decisions on their own. Sometimes, removing a guardian in Coral Gables is necessary, perhaps because they are no longer needed or their actions were inappropriate.
Removing a guardian can be critical to preserving and promoting a ward’s best interests. Therefore, understanding the rules for removal and how to navigate the process is crucial. An experienced guardianship attorney can help if you need to remove a guardian for yourself or a loved one.
Reasons for Removing a Guardian
According to Florida law, there are twenty-one reasons the court may remove a guardian. Some examples include:
- Fraud in obtaining the guardianship appointment
- Abuse of the guardian’s power
- A guardian’s conviction of a felony
- The guardian’s failure to comply with the rules of the guardianship reports
- A conflict of interest between the ward and the guardian
- Waste, mismanagement, or embezzlement of the ward’s property and assets by the guardian
- The guardian failing to comply with a court order
- A guardian’s incapacity, illness, or substance abuse
Additionally, guardianship may be terminated if the ward reaches adulthood or is no longer incapacitated. A guardianship is also removed in Coral Gables if the ward dies, moves out of state, or their assets are exhausted.
How to Remove a Guardian
There are several steps required in removing a guardian. First, a petition must be filed stating why the guardian should be removed. Several different parties may initiate proceedings to have a guardian removed, including the ward, the court, or an interested person like a friend or relative. The petition should then be served to the guardian, the ward, the ward’s next of kin, and any other interested parties.
If an interested party objects to the removal, the court will schedule a hearing on the matter. During this hearing, a judge will decide whether to terminate the guardianship. If there are no objections, the court will issue an order removing the guardian.
How Long Does It Take?
The length of time necessary to remove a guardian in Coral Gables depends on whether there are any objections to the termination of guardianship. After a petition has been served, interested parties have thirty days to make objections. The court must then set the matter for a hearing, which will take place according to the court’s schedule.
What Happens After a Guardian is Removed?
After a Coral Gables guardian is removed, they must file an accounting within twenty days. This accounting must be served on any successor guardian and the ward unless the ward is a minor or deemed completely incapacitated.
The removed guardian must also turn over any of the ward’s property and guardianship records to the successor guardian or the ward. If the guardian fails to take any of the required actions, the court may order them to appear before the court and explain why.
Contact a Coral Gables Attorney for Help Removing a Guardian Today
The Florida Probate & Family Law Firm can assist with removing a guardian in Coral Gables. A knowledgeable attorney understands the process and can help represent the interests of you or your loved one throughout.
If you have questions about guardian removal, including whether you have grounds for termination, contact us today and schedule a free case evaluation. A lawyer can review the guardianship and advise you on your next steps.