Can a guardian or conservator be replaced after they are appointed? Can they step down, relinquish their duties to a protected person or estate, or find another person to replace them? The answer to all of these questions is “yes”. If you are a protected person, you can, under certain circumstances, have a guardian or conservator replaced. If you are a guardian or conservator, you can also step down after you have been appointed.
In both cases, you just have to follow the right process, depending on your state’s laws.
How to Replace a Conservator or Guardian
As a protected person, you do have certain rights, one of which is removing the person who has been assigned to you as a guardian or conservator. If you or your attorney work with the court, you can elect to have a successor appointed. If you feel that they aren’t representing you well or acting in your best interest, you can ask the court to remove them from the position. You will want to make sure you line up a successor as soon as possible; it’s even better to have one lined up beforehand (typically a family member or very close friend) so that they can begin going through the appointment process as soon as possible. This process generally involves a background check, obtaining a surety bond and an approval from the court.
Keep in mind that if a person is removed from being a guardian or conservator, it is very unlikely they will be appointed to the position again. Most importantly, if you need to appoint a new guardian or conservator because you believe some type of abuse is taking place, make sure to follow these steps to report the abuse to the proper authorities.
How to Step Down as a Guardian or Conservator
If you are a guardian or a conservator who does not wish to remain as such, you can resign from your position at any time. However, it’s not as simple as quitting and being done with your duties. You are legally bound to continue acting as a guardian or conservator until you are relieved from your responsibilities by the court. It is your responsibility to work with your attorney and the court to close out your case.
To end your responsibility as a guardian or conservator, follow this guide.
Obtaining New Surety Bonds
Even if your former guardian or conservator had obtained a surety bond, the new one you appoint will also need to obtain one in order to be instated by the court. To obtain a guardianship or conservatorship 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.