When a guardian is appointed, whether by petition or being nominated in an Advanced Health Care Directive, the guardian has an obligation to the ward. But what happens if the appointed guardian becomes ill themselves or passes? What if a guardian simply can no longer serve?
A guardianship is a serious position with a lot of responsibility and even though someone may have been nominated as guardian, or even been formally appointed, a guardian can resign if they feel that they can cannot serve or provide level of care needed.
Resigning of Guardianship Position
If a guardian wants to resign, due to poor health, or simply for personal reasons, that guardian would petition the court asking the judge to allow them to resign from the position. The judge reviews the petition, but will generally grant it as no one wants to force someone to be a guardian. Once the court grants the resignation, the judge will appoint someone else as a successor, unless the court finds a guardian is no longer needed.
If a guardian dies, the court revokes the Letters of Guardianship and the judge then appoints another guardian to continue the deceased guardian’s duties. This could be someone else who wants the position, or someone who is named as a successor in an Advanced Health Care Directive or other document, or a public guardian if there is no one else to serve.
If a guardian of a loved one is another relative, and is interested in taking over guardianship, that person can also apply for guardianship to let the court know that they are ready to serve as a guardian.
I Don’t Want to Resign, But Need to Make Changes
If a guardian does not want to resign, but needs to make changes in the duties, the guardian can petition the court for the modification. Generally, a modification is requested to change duties based on the needs of the ward. The level of guardianship previously given may not be necessary any longer, or the ward may need a higher level of guardianship. Keep in mind, if a guardian petitions the court for modification of a guardianship and the judge denies the request, the guardian cannot petition for another modification for two years.
Guardianships can be challenging to navigate. Finding the right person to serve as guardian requires careful thought and consideration. At Grissom Law, we work with you to contemplate which family member or friend would be best suited for the roles needed in your estate plan.
Disclaimer
This Blog/Web Site is made available for educational purposes only as well as to give you general information and a general understanding of the law, not to provide legal advice. By using this blog site you understand that there is no attorney-client relationship between you and Grissom Law, LLC.