What happens if a guardian is no longer able to fulfill their duties?
If a guardian is no longer able to fulfill their duties in Florida, the court will appoint a new successor guardian. This process is called a “reconsideration of a guardianship.” First, the court must be notified of the existing guardian’s inability to care for the ward. This may be done through a written petition or in a court hearing. The court will then appoint a new successor guardian to take over the duties of the previous guardian. This new guardian can either be a family member, a close friend of the ward, or a qualified professional. The successor guardian is responsible for filing court papers that will outline the duties and responsibilities of the new guardianship. This includes providing the court with a list of the assets and liabilities of the ward, a plan for providing care to the ward, and information about any existing guardianship accounts. The guardian must also make sure that the court is informed of any changes in the ward’s health, residence, or financial matters. The court will also review the reports of the successor guardian to make sure that the ward is receiving appropriate care. If the court finds that the guardian is not fulfilling their responsibilities, they may revoke the guardianship and appoint a new guardian. In cases where the guardian is unable to fulfill their duties due to illness or injury, the court may appoint a temporary guardian to administer the duties of the original guardian until the guardian is able to return to his or her duties.
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