Being named the guardian of an incapacitated person is a huge responsibility. The guardian must be diligent about matters concerning their ward’s finances and healthcare. If you feel as though the appointed guardian of your loved one is not fulfilling their duties, you may have to turn to litigation. You can present to the court why the guardian is not acting in the best interest of your loved one and the court may order their removal.
The reasons for the court to remove a guardian include:
- Using fraudulent means to become appointed as a guardian
- Failing to uphold their duties
- Abusing their powers
- Suffering from substance abuse
- Failing to comply with an order of the court
- Mismanaging, wasting or embezzling money of the ward
- Conviction of a felony
- Developing a conflict of interest between the ward and guardian
- Failing to comply with the guardianship report
- Failing to file the initial and annual guardianship reports in a timely fashion
- Failing to fulfill the guardianship education requirements
- Mismanaging the ward’s assets
If you can show the court that the current guardian is not working in the best interests of your loved one, a new guardian may be appointed. Keeping your family safe is your top priority. With the help of a Florida guardianship litigation attorney, you can ensure that your loved one is being cared for by the appropriate person.