Does your LLC have an operating agreement? If so, what does it say about removing a member of the LLC?
Thank you for the additional information.
The phrase "court ordered adjudication of incapacity of the member" means that the member is incapable of taking care of himself (for example, he has Alzheimer's), not that he is acting against the interests of the LLC.
If those are the only reasons he can be removed as a member of the LLC, you should look at the provisions for dissolving the LLC, and dissolve it if appropriate; and then forming a new company or LLC yourself. It does seem that you have ample good cause to do so.
Alternately, you might want to consider buying him out of the LLC if the operating agreement allows it.
If you need to find an attorney to help you with this, please check www.findlaw.com.
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