How can a guardian be removed from their position?

In Virginia, a guardian can be removed from their position in a few ways. The first is by a court order. If a guardian is not fulfilling their responsibilities or is mismanaging a ward’s (a person under guardianship) property, a court may decide to remove the guardian and appoint a new one. A court may also remove a guardian if the ward reaches the age of majority (18). A second way a guardian can be removed is if the guardian dies or becomes incapacitated. When this happens, an alternate guardian is appointed. Third, a guardian may be removed if they decide to resign from their guardianship responsibilities. The ward has the right to choose an alternate guardian, if the court approves it. The final way a guardian may be removed is by petition. If the ward is of age, they may submit a petition to a court to have the guardian removed. The court will consider arguments from both the guardian and the ward and decide if the current guardian should be removed. If the court finds that the guardian is not adequately fulfilling their duties, they may be removed. In summary, a guardian in Virginia can be removed from their position through a court order, due to death or incapacitation, through resignation, or through a petition.

Related FAQs

How often is a guardianship review required?
What is an alternative to guardianship?
What are the responsibilities of a guardian?
What is an informal guardianship?
How are guardianship decisions made?
How does a guardianship protect the ward?
What documents are required for a guardianship?
Can a guardianship be used for financial planning?
What is a conservatorship?
What is a permanent guardianship?

Related Blog Posts

Understanding Guardianship Law: What Do Parents Need to Know? - July 31, 2023
What Is a Guardianship and When Is It Necessary? - August 7, 2023
The Process of Establishing a Guardianship - August 14, 2023
What Are the Responsibilities of a Guardian? - August 21, 2023
Guardianship Law for Elderly Parents: What You Need to Know - August 28, 2023