When Should I End a Guardianship in Tampa?
The role of a legal guardian in Florida is one of tremendous responsibility. They say that absolute power corrupts absolutely, and this is certainly the case with some guardianships in Tampa. When a guardian fails to perform their duties, it may be necessary to strip away their legal powers and protect wards from further issues. When should you end a guardianship – and can a Florida estate planning lawyer help?
The Guardian Fraudulently Took Power
Perhaps the most obvious reason to remove a guardianship is if this power was obtained fraudulently. Perhaps a guardian convinced the court that the ward had dementia or some other form of mental incapacitation. Maybe they claimed that the ward has extremely poor financial skills and needs help managing their money.
Whatever the case may be, these claims may have been false – and the ward may not even require a guardian. A lawyer can help you expose these lies and remove the guardianship.
The Guardian Failed in Their Duties
The guardian may have also failed to carry out their legal duties. Perhaps the guardian has not bothered to manage the ward’s finances. Maybe they have not scheduled the ward’s important medical treatments, and perhaps they failed to pay the utility bills. Whatever the case may be, a guardian who shows no real interest in performing their legal duties should be removed immediately.
The Guardian Abused Their Powers
A guardian who abuses their powers poses a serious risk to the ward. In serious cases, this might involve mistreating or neglecting the ward. This mistreatment could be physical, psychological, or even sexual. Virtually any conduct that allows the guardian to take advantage of the ward can be considered an abuse of power. As soon as evidence of this abuse arises, concerned family members should immediately work with experienced lawyers to remove the guardianship.
The Guardian Mismanaged Funds
Many guardians find themselves controlling considerable fortunes. Guardians must manage these funds responsibly, and they may be liable for any losses that occur. Irresponsible guardians could make poor investments that destroy the ward’s life savings. A ward might also embezzle (steal) these funds and use them for personal purchases. If this type of financial misconduct is occurring, family members should immediately remove the guardianship.
Conflicts of Interest
Any conflicts of interest could also require the removal of guardianships. There are numerous examples of conflicts of interest, and an experienced lawyer may be able to help identify these issues. One example might involve a guardian using the ward’s money to hire a close friend. This close friend might be an unqualified medical professional, or a financial advisor who wants to use the ward’s money to fund a new business.
Learn More About Ending Guardianships With Knudsen Law
If you’re serious about ending a guardianship, it may be worth discussing this subject further alongside an experienced estate planning lawyer in Tampa. These legal professionals may be able to help you end a guardianship, protect your loved one, and ensure consequences for anyone who has abused their power. To get started with an action plan, schedule a consultation with Knudsen Law today.
Sources:
flcourts.gov/Resources-Services/Office-of-Family-Courts/Family-Court-in-Florida/Guardianship
investopedia.com/terms/c/conflict-of-interest.asp
