How can a guardian be removed from their position?

In Illinois, a guardian can be removed from their position through judicial action. There are certain circumstances in which a guardian may be removed. These include a guardian’s neglect or refusal to perform their duties, or evidence of inappropriate behavior or dishonesty. If the guardian is incapacitated or otherwise unable to perform their duties, they can also be removed. A petition to remove the guardian must be filed in the probate court of the county where the person being protected by the guardianship resides. The court will review the petition and determine if it has merit. The court will then either hold a hearing regarding the petition or issue an order for the removal of the guardian. If a guardian is removed, the court may appoint a new guardian or terminate the guardianship. If the guardianship is terminated, the responsibility for making decisions for the person being protected reverts to the person themselves, if they are of sufficient age and mental capacity. It is important to note that any decisions or actions taken by the guardian prior to their removal are still valid and legal. A guardian can also be removed if it appears that the guardian is no longer necessary or the person being protected can manage their own affairs.

Related FAQs

What is a conservatorship?
Can guardianship be denied by the court?
Can a guardian be appointed over the objections of the ward?
What is a temporary guardianship?
What is a power of attorney?
Who is responsible for a guardian’s legal fees?
Who is eligible for guardianship?
What documents are required for a guardianship?
What is a guardianship of the incompetent?
Can a guardianship be changed?

How can a guardian be removed from their position?

Related FAQs

Related Blog Posts