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 will appoint a new guardian to their role. In California, a guardian typically holds the legal authority to make decisions on behalf of the person they are guardian for, known as the ward. This includes making decisions about healthcare, finances, housing, and other aspects of their life. When a guardian is no longer able to fulfill their duties, the court typically holds a hearing to determine if a new guardian should be appointed. In this hearing, a judge will evaluate if the current situation does not meet the standards of a legal guardianship. The court may also consider if the current guardian is no longer able to fulfill their duties due to age, mental incapacity, or any other circumstances. Once the court has ruled that the current guardian is no longer able to fulfill their legal duties, the court may appoint a new guardian to take over the duties. This new guardian will be responsible for managing the ward’s assets, as well as any necessary medical decisions. The new guardian must also adhere to any instructions left by the previous guardian and abide by the court’s orders. If the ward is of age, they may contest the court’s ruling in some cases. If the ward is aged 18 or older, they will have the right to contest the court’s ruling and bring their own legal representation if necessary. If the court rules in favor of the ward, it is likely that the court will revoke the current guardian’s role, and a new guardian will be appointed.

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