Ten Common Problems After a Court Appointment of a Guardian
(1) Guardian/conservator is having difficulty fulfilling responsibilities and needs help. Or, the guardian fails to perform required duties in care of the person or management of the property. For example, a guardian may fail to make suitable living arrangements or medical appointments; or may move to another county or state without informing the court.
(2) Guardian does not file reports in a timely manner. It is VERY important to make note of when your reports are due to the Court. They must be submitted to Lynn or Marilyn so they can be sent into the court. We have copies of the forms we can pr int or email for you.
(3) Guardian wants or needs to resign. For example, the guardian may be overloaded as the health of the incapacitated person declines; or the guardian him or herself may experience diminished capacity.
(4) Family conflict affects care or finances; or results in inability to make decisions.
5) Guardian/conservator does not file accounting in a timely manner.
(6) Accounting is incomplete or inconsistent.
(7) Possible financial exploitation. For example, a guardian may improperly use the funds of the person under guardianship to support family members (other than the person’s legal dependents) or friends, charge unreasonably large fees, or make transactions not permissible without court review.
(8) Possible neglect. For instance, a guardian may fail to seek proper medical care or provide assistance.
(9) Possible physical abuse.
(10) Need for change in scope of guardianship. For example, if a person’s functioning improves, the guardian may need to return to court to modify or terminate the guardianship.
How the Court Responds to Problems
If problems arise in a guardianship, the court has a number of means to encourage—and, if necessary, order—changes. The presence of the volunteers will undoubtedly bring some situations to light. Measures that the court can take following the volunteer recommendations include:
· Letter or call requesting information or clarification from the guardian.
· Letter or call advising the guardian of resources or services.
· Follow-up visit by volunteer to discuss resources, services, or possible improvements with guardian.
· Letter requesting the guardian to submit for approval within a designated time a plan for making improvements in specified areas.
· Letter requesting the guardian to take specific actions within a designated time.
· Appointment of court investigator or guardian ad litem for further investigation.
· Appointment of co-guardian.
· Referral of the case to another agency, such as adult protective services or the long-term care ombudsman.
· Order for the guardian to appear at a hearing to determine what problems exist and what changes are needed (sometimes called an “order to show cause” as to why the guardian should not be held in violation).
· Order placing limitations on guardian’s authority.
· If there is a serious emergency, the judge may immediately appoint a new temporary guardian, without a prior hearing.
· Removal of existing guardian and appointment of new permanent guardian.
· Termination of guardianship—restoration to capacity.