Tampa Guardianship Removal Attorney

Guardians have a fiduciary duty to the person in their care, known as the ward. Guardianships are taken very seriously in Florida, as they remove a person’s rights to make decisions for themselves and give that authority to another person. Guardians must always act good faith and in the best interests of the ward. While this often happens, there are times when guardians violate their fiduciary duty by being neglectful or abusive towards the ward. Guardians may also waste or mismanage the ward’s property or assets. In these instances, it is necessary to remove a guardianship. Our Tampa guardianship removal attorney explains how to do it below.

Grounds for Guardianship Removal

A person cannot remove guardianship without first establishing good cause. For example, the law provides recourse if a guardian violates their fiduciary duties. When trying to remove a guardian, you must prove that the guardian is taking advantage of the ward, or that the ward’s well-being is at risk due to the guardian’s behavior. There are specific ground for removing a guardian in Florida, and they are as follows:

• The guardian abused their power,
• An illness or incapacity, such as a substance abuse problem, renders the guardian incapable of performing their duties,
• The guardian wasted, embezzled, or otherwise mismanaged the property of the ward,
• Failure to comply with a court order,
• The guardian was convicted of a felony,
• A conflict of interest between the guardian and ward developed, or
• The ward had a substantial change of circumstances that rendered the guardian unable to manage such affairs.

How to Remove Guardianship in Tampa

After you have established valid grounds for removing a guardian, you must then file a petition with the court. The Petition to Remove the Guardian with the Court is the official form that will initiate guardianship removal proceedings. The petition should include certain information, such as the reasons to remove the guardian.

In some cases, it is not necessary to prove that a guardian has violated their fiduciary duties. Instead, a person may be able to prove that they have restored capacity and so, a temporary guardianship should be removed. When filing a petition based on these grounds, a person must present strong evidence to show that they are once again able to handle their own affairs and make sound decisions for themselves.

It is important to note that when a guardian is a blood relative or spouse of the ward, the court may presume that they are acting in the ward’s best interests. In these cases, proving cases can present many more challenges.

Our Guardianship Removal Attorney in Tampa Can Help You Through the Process

Guardianships are meant to protect wards, but that does not always happen. If you need to remove a guardian, you need legal help and our Tampa guardianship removal attorney at BBDG Law can provide it. We will help you navigate the process and prove your case so you have the best chance of a favorable outcome. Call us now at (813) 221-3759 or fill out our online form to request a consultation and to get more information.