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

When someone is appointed to act as guardian for another person, they are responsible for managing the ward’s affairs, including their finances and day-to-day needs. If for any reason the guardian is no longer able to fulfill these duties, the court must be notified. In West Virginia, the state Supreme Court of Appeals will make a decision on how to proceed, with the guardian’s best interest and that of the ward in mind. Generally, the court will find a replacement guardian who is willing to take on the duties of the ward’s care. If the court is unable to locate a suitable replacement, they may appoint a corporate fiduciary, which is a company that has been licensed to act as a guardian. If the guardian was appointed through a will or is an adult child of the ward, the court may make a decision to remove the guardian. The court may also rule that guardianship is no longer necessary, and the ward may be authorized to make their own decisions. In any case, the removal of a guardian is a serious situation and must be handled with care. The court may issue an order setting forth the terms of the guardian’s removal, which will include instructions for what will happen thereafter. Each case is unique, and the court will make the decisions that are in the best interests of the ward.

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

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