What happens if a guardian is found to be acting inappropriately?
If a guardian in Florida is found to be acting inappropriately, they may be removed from their guardianship role. The court can remove a guardian when the guardian fails to carry out their duties or behaves inappropriately or irresponsibly. The court can also make modifications to their duties or appoint a short-term guardian. The guardian may also be required to reimburse the ward (the person under guardianship) for any financial losses incurred as a result of the inappropriate behavior. To make sure that guardians are acting appropriately, oversight is important. The court will review the guardian’s performance on a regular basis. The court can also appoint an investigator or guardian ad litem to visit with the guardian and ward and report back to the court on their findings. In addition to court intervention, other stakeholders have mechanisms in place for making sure guardians are acting appropriately. For example, the Florida Department of Children and Families (DCF) is responsible for investigating allegations of abuse, neglect, or exploitation of a ward. The Florida Long-Term Care Ombudsman Program is also responsible for investigating allegations of abuse or neglect of adults aged 18 and over who are in a guardianship. If a guardian is found in violation of these laws, they can face criminal prosecution or civil action.
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