An adult guardianship is a drastic measure that the court uses when a person is no longer able to care for themselves and there are no powers of attorney in place. Circumstances may change to the point where the ward no longer needs guardianship. They may regain competency to make their own decisions once again. You may be able to petition the court to overturn the guardianship.
There are other circumstances that may require the court to reverse a guardianship. For instance, the person who serves as guardian may no longer be willing or able to act in that capacity. Either a third party or the ward themselves may try to petition the court to overturn the guardianship. However, given that the court found the ward incompetent in the first place, it may be difficult to persuade a judge to terminate the guardianship.
These proceedings can rely heavily on medical evidence. One would need to show that whatever forced the court to appoint a guardian in the first place has now been resolved. This may be a health or an emotional issue. The ward may have gotten the treatment necessary to enable them to regain function.
Finally, a court may reverse guardianship if it finds that the guardian is mistreating the ward. The guardian may be physically or emotionally abusive towards the ward. They may be acting dishonestly and misappropriating the ward’s assets. Here, you would need to have sound evidence of the guardian’s misconduct in order to reverse the guardianship. You may need to propose someone else to serve as a guardian.
Contact a Lincolnshire Guardianship Attorney
The attorneys at Charles T. Newland & Associates work with families under these difficult circumstances. To speak with one of our Lincolnshire guardianship attorneys, call us at 847.797.9300 or send us a message online.