Termination/Removal of the Guardian
By Elder Law Attorney Rick Law. Rick is the founder and managing partner at the Estate Planning Center at Law Elder Law in Aurora, Illinois. The team at Law Elder Law are senior advocates, planners, and attorneys serving Kane, Kendall, DuPage, Will and Cook counties in Western Chicagoland. Getting a guardian removed for improper conduct is not an easy thing to do unless it’s clearly a case of theft. It can happen when the lawyer finds out that the person who is the guardian is inappropriate or making bad decisions, but the task of building evidence can be difficult. The court may determine that it is in the best interest of the ward to terminate or limit the authority of a standby or short-term guardian. This is done through a petition by any interested person (including the standby or short-term guardian) with notice to all interested people. The petition for termination or limitation of the authority of a standby or short-term guardian may, but need not, be combined with a petition to have another guardian appointed for the person. A temporary guardianship expires within 60 days after the appointment or whenever a guardian is regularly appointed, whichever occurs first. Extensions are normally not granted. In the case where the respondent has been declared disabled, an extension may be granted;
- pending the disposition on appeal of an adjudication of disability;
- pending the completion of a citation proceeding
- pending the appointment of a successor guardian in a case where the former guardian has resigned, has become incapacitated, or is deceased; or
- where the guardian’s powers have been suspended pursuant to a court order. The ward has the right to petition the court to revoke the appointment of the temporary guardian anytime after the appointment is made.