What happens if a guardian is no longer able to fulfill their duties?

If a guardian is no longer able to fulfill their duties, the court must be notified of the situation. Depending on the circumstances, there are a few different outcomes that can occur. The first option is for a new guardian to be appointed by the court to take over the duties of the original guardian. This new guardian may be able to take over immediately, or the court may choose to require that the original guardian remain in their role until the new guardian’s appointment is finalized. In the event that the original guardian is not able to stay in their role until a new guardian is appointed, the court may grant the powers of a limited guardian to another person. A limited guardian is someone who is granted the authority to look over the person’s finances and medical decisions, but does not have the same legal responsibilities as a full guardian. If a guardian can no longer fulfill their duties, the court may also choose to terminate the guardianship. This would occur if it is determined that the guardianship is no longer necessary, or that the individual no longer requires care or protection. At this point, the individual is no longer legally under the guardianship of another person and has the same rights and obligations that all other legal adults have.

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