As a conservator or guardian, you hold a special responsibility to the person whose assets and major decisions that you control. This makes stepping down from being a conservator or guardian an incredibly difficult decision. Some people feel stuck in the position out of obligation for their duties, but this doesn’t have to be the case. There are certain scenarios where it makes sense for a person acting as a conservator or guardian to step down and let another person take their place.
The good news is that both guardians and conservators can be replaced, and there are a few cases where stepping down might be best for both you, the protected person and everyone else involved.
Inability to Perform Duties
If your life or physical/mental health has taken a turn for the worse, it may be best to step down if you no longer feel you can fulfill your responsibilities to the best of your ability. Being a guardian or a conservator is important, but the role can become taxing, especially if you have too much going on in your own personal life.
There is no shame in stepping away from the position and letting someone else take over if you are unable to fill the role any longer.
Conflict
As a conservator or guardian, you have a set of responsibilities that are your duty to carry out to the best of your ability. In the end, you are meant to be the best person for the job, but it doesn’t always work out.
Whether the conflict is with the family, the protected person or anyone else, stepping down from the position may be the best solution to the issue.
Understand the Process of Stepping Down
If you want to step down from the position, there are several things you should know:
- The best strategy is to find a replacement for the protected person
- A hearing will likely need to be set up to make the transition
- The courts usually need to approve of the new person taking on the role
- You are not relieved of your duty until a judge releases you from the position
- Keep a solid record of all files and expenditures and be prepared to turn them over
- It’s probably best to work with an attorney who can help you navigate the process
Surety Bonds Will Be Required
You may remember that you had to acquire a guardianship or conservatorship surety bond when taking on the role; the same will have to be done for the new person who steps in to replace you. Your surety bond coverage will not carry over to the new person. For more information on how to obtain a new surety bond, contact The Patrick J. Thomas Agency today.
Disclaimer: this is for informational purposes only and is not intended to be legal advice. If you need legal counsel, please contact an attorney directly.