Estate Law Questions? Ask an Estate Lawyer.
What state is this in regards to? Also has a replacement guardian been appointed?
Thank you for your patience as I reviewed this. Upon the death of a guardian, the court will typically appoint a successor-an interested party may petition.
While that petition is pending, the ward may petition the court to request an independent evaluation to determine capacity under 20 PA 5511 and as set forth in In Re Hyman 811 A2d 605. If the ward is determined to be competent there would be no need for a replacement guardian and the petition will be dismissed.
When there are competing petitions they will generally appoint the ward's preference (please see page 2 of the above).
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