How do you remove a guardian?

Removing a guardian in Louisiana requires filing a petition in the appropriate court. The petitioner must be an adult family member or someone who has an interest in the welfare of the ward—the person for whom the guardian was appointed. Generally, the petitioner must also provide notice to the current guardian, the ward (if they are of legal age), and other interested parties. The court must review the petition and determine whether there is sufficient proof to support the removal of the guardian. The court may consider testimony from multiple witnesses, such as family members, before making its decision. In some cases, the court may appoint a separate guardian ad litem to represent the interests of the ward—the person the guardian is responsible for. The guardian ad litem will review the facts of the case and the relationship between the petitioner and the ward to determine if the guardian should be removed. If the court finds that the guardian should be removed, the court must issue an order to that effect. Once the order is issued, the current guardian must transfer the ward’s financial assets and property to the new guardian, as designated by the court. In some cases, the court may order the new guardian to file a surety bond to ensure they will fulfill the duties of the guardianship. Once the new guardian is in place, it is the new guardian’s responsibility to provide care and make decisions on behalf of the ward until that guardianship is formally terminated.

Related FAQs

Can a guardian make medical decisions on behalf of a ward?
How is a guardianship petition filed?
What is a permanent guardianship?
How is a conservatorship different than a guardianship?
How is a guardian's performance evaluated?
What are the guardianship laws in my state?
What is the role of a lawyer in a guardianship case?
What is a guardianship of the person?
How is a guardianship revoked?
What is the difference between a guardianship and a trust?

Related Blog Posts

Understanding Guardianship Law: What Do Parents Need to Know? - July 31, 2023
What Is a Guardianship and When Is It Necessary? - August 7, 2023
The Process of Establishing a Guardianship - August 14, 2023
What Are the Responsibilities of a Guardian? - August 21, 2023
Guardianship Law for Elderly Parents: What You Need to Know - August 28, 2023