How do you get rid of a court appointed guardian?

Question

Two years ago, my brother had an accident that has left him with brain injuries for life. I was his caretaker up until June of 2006, but I had become ill and needed to be hospitalized. At that time, my brother was court appointed a legal guardian and placed into a rehabilitation center. My brother will be coming back home next month, but his guardian claims that he will be my brother's guardian for life. My brother and I do not want it this way. I'm willing to be my brother's caretaker again. How do we go about getting rid of the guardian?

Answer 1

petition the court

Answer 2

If your brother was an adult when the accident happened, the appointment of a Legal Guardian lasts until he either dies or is removed from the legal disability.

For you, this means that you must petition the court to have your brother adjudicated competent to handle his own legal and financial affairs. This process will be in the same court that appointed the Guardian.

If the Guardian has done something illegal as regards to your brother's assets, he will be removed and another Guardian will be appointed for him.

In order to get this matter in front of the court, I recommend that you seek legal counsel. He can explain the law of your particular state or province to both you and your brother, and if warranted by the facts, petition the court to have the adjudication of disability removed.

Answer 3

If you battle to free your brother, the guardian can use your brother's assets to battle back to keep your brother. If your brother has a substantial settlement or other income, the guardian sees a gravy train and won't want to let go. The fact that they can use the assets of the ward to fight in court is one of the biggest injustices when it comes to guardianships

Answer 4

go back to court and get it changed