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How Do I Plan To Obtain A Successor Guardian, When I No Longer Can Act As Guardian?

You have been the Court Appointed Guardian for your spouse, or other family member, for many years. However, you are getting older and have your own challenges to deal with that are making it very difficult for you to continue your obligations as Guardian. How can you arrange for someone else to replace you as Guardian?

You should consult with your Orlando Guardianship Attorney and have Voluntary Resignation of Guardian Papers prepared for filing with the Court. Your attorney will advise you that if you are a Guardian of the Property, you will need to file a Final Accounting with the Court. That accounting must be reviewed and approved by the Judge.

You can consult with your Guardianship Attorney and provide your input on who should be appointed as a successor Guardian. The Successor Guardian will have their own attorney prepare the proper paperwork for filing with the Court, so that person can be properly appointed.

After you were originally appointed by the Court as Guardian, you may have had your attorney prepare a Petition to Appoint a Standby Guardian to be appointed when you could no longer serve as guardian. The person designated in that document would then have their attorney prepare and file with the Court the appropriate papers to be appointed as Successor Guardian. Your attorney would file your Voluntary Resignation as Guardian, and coordinate with the proposed Successor Guardian an appropriate transition for the appointment of your successor.

You should promptly contact your Guardianship Attorney, whenever you decide you can no longer act properly to carry out your very important fiduciary duties as Guardian. It is very important to have at all times a competent and appropriate person to act as Guardian for the legally determined incapacitated person, the Ward.

Remember, the Ward must be treated at all times with respect and dignity and their lifestyle and preferences respected. All people deserve nothing less. One of the great joys of being a Guardian is to make certain, the Ward leads a proper, healthy life in an appropriate and safe environment.

If you have further questions, you may contact Ann Marie Giordano Gilden, Esquire, of Ann Marie Giordano Gilden, P.A. at 407-732-7620.

This information is provided only as educational materials, and does not constitute the providing of legal advice, and does not create any attorney client relationship.