When it comes to guardianship, courts take their decisions extremely seriously. Guardianship refers to who will take care of someone who is not able to take care of themselves. Therefore, it is vital that the court reviews each piece of information referring to the guardianship case to make the best decision for the ward. Once a guardian has been appointed, there are cases where either the ward, a concerned third party, or the guardian wants the guardianship reversed. It is important to have a skilled law team on your side during this process. Our skilled family law team will focus on the best interests of the ward and their care is of the utmost concern. In the event you need legal guidance and can use the assistance of an attorney, like a Scottsdale AZ guardianship lawyer, do not hesitate to get into contact to ensure your case is taking proper steps.
What is a Guardianship Agreement?
A guardianship agreement is a court-ordered agreement where the court decides one person will be the guardian of a person who is not able to handle their own affairs, for instance, someone who is mentally disabled or a child. The guardian is responsible for protecting the interests of their ward (the person needing to be looked after). The written agreement makes this a legally binding situation.
What are Situations that a Guardianship Agreement Can Be Reversed?
There are situations where the ward, the guardian, or a third party may want to have the guardianship reversed. If the aforementioned parties wish to reverse the guardianship order, they are able to petition the court.
- The guardian or a concerned third party can try to have the guardianship reversed if the guardian does not want or is not able to perform the necessary duties to care for the ward.
- If the ward becomes competent enough to handle their own affairs, they are able to seek to have the guardian removed.
While it is ultimately up the court to decide if they are going to grant the petition to remove guardianship, anyone interested in the ward’s welfare and is over the age of 14 is able to petition to remove the guardianship.
What Circumstances Do the Courts Consider When Reversing a Guardianship Agreement?
The same court that appointed the guardian originally has the ultimate authority to remove a guardian. It is the court’s decision to determine if the ward no longer needs a guardian, if a guardian cannot complete their duties, or if it is in the ward’s best interests to be appointed with a new guardian. Courts have a broad discretion when it comes to deciding if a guardianship should be reversed or not. There are many state laws that have specific reasons to remove a guardian. When it is in the best interest of the ward to remove the guardian, it is called a common ground for removal. There are other common grounds for removal which include:
- Not obeying court orders
- Not using the ward’s funds properly
- Felony conviction
- Handling assets improperly
- Guardian leaving the state
Typically if none of these common grounds for removal have been met, the guardianship will not be reversed.
We will work to try and ensure your loved one is properly cared for and will try to find a solution to your guardianship problem.
Thank you to Arizona Estate Planning Attorneys for providing their insight and authoring this piece on guardianship agreements.