how do you revoke a guardianship for parent?

Question

The person requiring the guardianship is an alzheimer parent. One of the 3 daughters has been appointed by the court as guardian due to her location not her abilities. She has also been given the finanacial responsiblities of the estate. There are past drug issues with this daughter as well as other irresponsible actions. Can we insist on a drug test? The other two sisters are extremely upset and concerned about their mothers well being and this one is more concerned with the money.

The person requiring the guardianship is an alzheimer parent. One of the 3 daughters has been appointed by the court as guardian due to her location not her abilities. She has also been given the finanacial responsiblities of the estate. There are past drug issues with this daughter as well as other irresponsible actions. Can we insist on a drug test? The other two sisters are extremely upset and concerned about their mothers well being and this one is more concerned with the money.

Answer 1

In most jurisdictions, there are two separate posts. That of Guardian and that of Conservator. They can be, (but are not necessarily) the same person. A guardian has control over the person of the ward.. i.e. makes decisions regarding health care, placement, housing, etc. A conservator deals with financial issues, i.e. conserves the estate. In some states, a guardian can also handle relatively small amounts of money without the need for a conservator. Guardians are required to provide the Court with a report every so often, (usually yearly) on the welfare of the ward. A conservator is required to provide an annual accounting of the assets of the ward, as well as account for expenditures.

You as the daughters of the ward, have a legitimate interest in her welfare. You can therefore petition the probate court to review the conduct of the guardian. You can also ask for the appointment of a conservator and/or the requirement of a bond for the conservator.

You need to hire an attorney experienced in elder law, who can advise you on the proper procedures in the state where this is happening. If you do not know one, you should contact the local or state bar association for a referral.

Answer 2

Go to court to have her removed as guardian. One of the typical provisions in a guardianship is that the guardian be able to do the job. If you can demonstrate that she is not up to the job, you should be able to get a different guardian appointed by the court.

Revoking is another matter...that sort of implies that the parent 'got better'. In that case, a showing to the court of improved health of the parent could get a guardianship 'revoked'.

Answer 3

More info please. Or more specific would be more specific. Who's the guardian and for whom is it held - the parent or the child? Not enough information...