Guardians are granted a fiduciary duty over the person in their care. This can include minors whose biological parents are no longer living, or adults who cannot care for themselves due to a disabling condition. While this arrangement can be invaluable for many people, there are also situations where it has run its course.
There are different scenarios where removing a guardian in Florida might be appropriate. This could be the case when the ward is the target of abuse or harassment. In other cases, they might simply no longer require the assistance of a third party. In any scenario, a dedicated guardianship attorney from our law firm can assist with this process.
Grounds to Remove a Legal Guardian
The court will not simply remove someone from this position on a whim. Removing a Florida guardian requires specific legal grounds to be raised in court. Some of the most common reasons that lead to the end of a guardianship relationship include the following.
Failure to Perform
At a basic level, there are certain duties that a guardian must perform on behalf of their ward. Any failure to perform these basic duties makes for valid grounds. Another example includes explicitly defying the terms of the court order appointing them to that position.
Some guardians are no longer able to serve due to their own incapacity. If a severe injury or illness renders a person incapacitated, the court has the power to remove them from a guardian position.
Conflict of Interest
It is also possible to terminate this relationship due to a conflict of interest. A guardian has a duty to act in the best interest of the ward. If they instead perform an act that enriches themselves or others at the ward’s expense, a Florida court can find grounds for termination.
Felonies or Fraud
Certain criminal acts can serve as the basis for removal from the position of guardian. Anyone convicted of a felony may be removed, and the same is true if it is determined that the guardian secured their position through fraudulent means.
Mismanagement
Simply doing a poor job managing things on behalf of a ward can be enough for the court to terminate the guardianship. This is true whether the mismanagement was due to carelessness, negligence, or even embezzlement.
Understanding the Guardian Removal Process
There is a specific process for removing a Florida guardianship. Once the party seeking a change determines they have valid grounds, they have the right to file a pleading in court known as the Petition to Remove Guardian. This petition must state—among other information—the exact grounds for why the guardianship must come to an end.
This legal proceeding is only necessary when removal is the result of carelessness or wrongdoing on behalf of the guardian. When a ward is a juvenile, this power will automatically come to an end when they reach the age of majority. The same is true with wards who have been temporarily incapacitated when they are restored to their capacity.
Call an Attorney and Learn How to Remove a Florida Guardian Today
If you intend to remove a guardian in Florida, or you are trying to prevent it from happening, you do not have to navigate this complicated process alone. The team at The Florida Probate & Family Law Firm can assist you every step of the way. Reach out as soon as possible for a free confidential case evaluation.