How can a guardian be removed from their position?
In the state of Florida, guardians are subject to removal from their position if they fail to adequately fulfill their duties. The process for removal is outlined by the Florida Probate Code and requires a petition by a party with compelling interest in the guardianship to be filed with the court. The petition can be filed if the guardian is not fulfilling their duties outlined in the Will of the guardian or if any acts committed by the guardian are found to be detrimental to the ward. The court, in such a case, can declare the guardian unfit to continue fulfilling their duties as guardian and will hold a hearing to determine the fitness of the guardian. If a guardian is found unfit to continue in their position, then the court can remove the guardian. Depending on the specific situation, the court may determine that the guardian must be replaced by another person, appointed by the court. The court will then issue an order that states the guardian is removed and the new guardian can be appointed. Depending on the situation, the court may also decide if the removed guardian is responsible for reimbursing the expenses from the guardianship if it is found that the guardian caused any financial harm or misused any funds. The court will issue an order outlining the financial obligations of the removed guardian.
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