What happens if a guardian is found to be acting inappropriately?

If a guardian in New York is found to be acting inappropriately, there are multiple potential consequences for the guardian. Depending on the severity of the inappropriate action, the consequences may range from a warning to removal of the guardian’s legal status to criminal prosecution. If the guardian’s inappropriate behavior is minor, the court may issue a warning or put the guardian on probation. The guardian must then follow specific court-mandated instructions to avoid further consequences. If the guardian’s inappropriate actions are more severe, the court may remove the guardian’s status and appoint a new person to take on the responsibilities of guardianship. The new guardian will have the authority to make decisions regarding the protected person’s care and well-being. Lastly, if the guardian’s inappropriate behavior was criminal in nature, then the guardian could face criminal charges. This could include theft, exploitation, or abuse of the protected person or their funds. If found guilty, the guardian could face jail time and fines. The court reviews each situation and determines the appropriate consequences for the guardian’s inappropriate behavior. It is important that guardians always act in the best interest of the protected person.

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