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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 116790
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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My niece is living with me and her grandmother went into a

Customer Question

my niece is living with me and her grandmother went into a nursing home
but hasn't revised or revoked her guardianship ..I believe due to financial reasons nieces mother was unable to care for her so she appointed the grandmother in 2002..she is now in a wheelchair in a nursing home and wants to remain guardian but niece resides w me and I cannot be involved in any aspect with education medical this legal?
what can I do without causing a huge rift if she won't release or transfer guardianship?
Submitted: 8 months ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 8 months 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 she refuses to release or transfer guardianship, you need to ask the niece's mother to try to reason with her, since the niece's mother can ask the court to change the guardianship at any time. However, if you cannot get the mother to agree to do this and the grandmother is that unreasonable that she will not transfer the guardianship to you despite not being able to properly care for the child, the only thing you can do is file in court to remove her as guardian based on her being incapable of being a proper guardian and it is not in the best interests of the child for her to remain as guardian.

I would suggest to her that she can retain guardianship, but to make you co-guardian, which would allow you to have rights while she cannot act and is in the nursing home. If she refuses, you have no choice but to go to court to have her removed.

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