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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 116712
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I need advice as to what I can do to change guardianship.

Customer Question

I need advice as to what I can do to change guardianship. I have already been to court once and the judge said that we need to go to trial. My uncle is very unhappy with the guardian that he has at this time. My uncle is on disability and gets 44 dollars a month from his guardian. I do not feel that the attorney he has as his guardian is doing his job as a guardian. The place my uncle lives in is a filthy mess and it smells of urine. My uncle has made appointments with his guardian and there was never anything to come of the appointment. Uncle Tim was in the hospital for three months. I signed him in to an extended care facility because my uncles guardian could not be reached. After he left the facility he was sent back to the home where his guardian has hi at. The judge said that we are going to have to go to trial and prove the guardian unfit. I'm not trying to prove this man unfit as a guardian. My uncle just doesn't want him as a guardian. My uncle needs to be w/family
Submitted: 2 years ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If the guardian is not causing your uncle to be cared for properly, then you need to take pictures of the conditions and have your evidence as to what the guardian is not doing what they should be doing to protect your uncle. If your uncle is mentally competent, then his wishes can be expressed in the court as well. His guardian not responding to calls from you or your uncle is a breach of fiduciary duty committed by the guardian and that is grounds for removal.
The judge was telling you that you have to prove the guardian is not doing what they are supposed to do, that is what the judge means by unfit, and then the court can change the guardian.

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