Agree to serve the Notice of Hearing. Attach a copy of your petition to remove the guardian and give it to a deputy sheriff or police officer. The court has information on the service of service and application. The most common reason to remove a guardian is when it is in the best interest of the community. Other grounds for removal of a guardian include whether the guardian commits a crime, disobeys court orders, fails to use the ward`s property to support the ward, or mistreats the ward`s property. If the guardian is unwilling or unable to perform all the duties necessary to care for the ward, the guardian or a third party may request that the guardian be removed. The court that appointed the guardian has exclusive jurisdiction to dismiss a guardian. If an application to terminate guardianship is made, the judge will hold a hearing to determine whether the guardian is unfit to perform his or her duties and whether it is in the best interests of the ward to appoint a new guardian. The court has a wide margin of appreciation in deciding whether or not to dismiss a guardian. The first 3 events automatically terminate the guardianship.

The last 1 require a court order. Depending on why you want to close the guardianship, you may need to provide additional documents to support your application. Here are some common forms that must also be submitted to the court: If the guardian has not performed his or her duties or neglected his or her duties, mismanaged the estate, or is otherwise unfit to continue acting as guardian, anyone can request that the guardian be removed. However, someone must submit all the necessary documents to apply to serve as a new tutor in the future. It is for the judge to decide whether there is a legal basis for dismissing the guardian and, if so, appoint a new guardian to take over. Once a judge signs an order appointing someone as guardian, it becomes more difficult to resist guardianship. A person who objects to guardianship has the following limited options: If guardianship is no longer needed for any reason, a person can ask the court to terminate the guardianship. When guardianship is granted, it ends completely. For more information, see End of guardianship. A person can file an “application to revoke the order” if the guardianship order is false or unfair. This does not apply to situations where a person simply disagrees with the judge`s decision. Anyone making such an application must prove to the judge that the order was obtained because of fraud, misrepresentation, error, excusable negligence or misconduct by a party (to name a few of the reasons).

This application must normally be submitted within 6 months of receipt of the guardian`s appointment. If granted, the judge will “repeat” the guardianship procedure to correct the mistakes made the first time. Notify by mail all persons who were notified at the beginning of the case (when the guardianship was filed). When the judge terminates the guardianship, he signs the order terminating the guardianship. This form is included in the above package; Take it with you to court. Once the judge has signed the termination order, you must ensure that the order is filed with the clerk`s office. In some cases, a guardianship agreement can terminate on its own without the court having to seek annulment. This is common in situations where an interim guardianship agreement sets the dates on which the guardianship is in effect.

When an application for guardianship is filed, a judge is usually asked two questions: an application for a declaration of incapacity, where the court is asked to determine that you are (completely) incompetent (partially) incompetent or not competent at all (a finding that you are indeed competent). This is the “mental health test” of guardianship procedures. The law requires that the “person presumed to be incapable” be examined by at least two (2) licensed physicians or one (1) physician and a registered psychologist who submits a competency report to the court. The law stipulates that no guardianship action can be filed without these medical reports and without an initial medical opinion on the disability, unless the allegedly disabled person or his guardians refuse to authorize the doctor to perform the examination. The other issue is the request for the appointment of a guardian. If you are competent, you do not need a tutor. You may need help, or you may only need a guardian for certain activities of daily living (meaning that a court can order some, but not all, of the support for you under limited guardianship). These rights may include the right to manage your finances, get married, choose where you live and who you socialize with. You may or may not need a tutor for you as a person, someone who will make all your daily personal decisions for you, like your health care, medications, etc. In such a case, you can always keep control of your finances and property. A court may terminate guardianship when guardianship is no longer necessary.

For example, a court may terminate guardianship if it determines that the person with a disability can support themselves and/or their own property. As another example, a court may restrict guardianship if the person with a disability only needs help in certain areas of life, such as personal finances. In cases where the ward is an adult, he or she may apply to the court itself for the annulment of the guardianship agreement. A community may feel like it no longer needs a guardian, especially if it can make its own financial and personal decisions. A person may contact the clerk of the district court where guardianship was established for more information about the guardianship procedure. If you have any questions about this publication, someone can contact Disability Rights Washington. An interested party in a guardianship case may insist on a “tailor-made” judgment that realistically meets the needs of the objector while allowing the allegedly disabled person greater freedom over his or her life. For example, if someone can balance their checkbook, but can`t shop alone or go to the bathroom and/or cook their own meals, a limited tutor or curator may be appointed to cater only to those needs. Sometimes guardianship ends naturally, in which case there is no need to revoke a guardian. For example, the guardianship of a minor (a person under the age of 18) automatically ends as soon as the municipality reaches the age of 18.

Similarly, tutorship ends when a ward dies and the probate court approves the final settlement of the municipality`s finances by the tutor. A guardianship can also end if the guardian resigns, if the probate court approves the guardian`s resignation, or if the guardian dies. Florida Estates Rule 5.660 governs the procedure for revoking a court-appointed guardian. The procedure for the dismissal of a guardian may be initiated by “a court, by a guarantor or other interested person, or by the ward”. Florida Law 744.474 allows a court-appointed guardian to be removed for any of the following twenty-one (21) reasons: Do you believe that the court-appointed guardian is taking poor care of your loved one? Are their assets being misused or misused? Is the Guardian acting in their best interests? Are you concerned about your loved one`s safety and health? Are you afraid that your wealth will be wasted? If there is a problem, it may be time to remove the court-appointed guardian and become your loved one`s guardian. If, after considering the complaint, the court decides that it was filed without justification or was intended to harass the other party or delay the proceedings, the court may impose sanctions, including the award of attorneys` fees, court costs or other reasonable facilities. If the protected person is deceased: Complete the Notice of Hearing instead of the citation included in the package above.