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Changing Guardians

There are different options to add/remove/change guardians depending on the situation.  Read on for more information about how to ask the court to change the guardian.

Different Ways to Change Guardians

There are a few different options to change the guardian on the case.   

  1. Someone might want to be a co-guardian with the current guardian, or be a replacement guardian if the current guardian is unable to continue.  The person who wants to be the new guardian would file a Petition for Appointment of Successor/Co-Guardian.  
  2. The guardian can voluntarily resign if they no longer want to be the guardian.  The court will have to choose a replacement guardian, and may appoint the public guardian if no one else is willing to be appointed.  The guardian can file a Petition to Resign if this is the case.
  3. The guardian can be involuntarily removed if someone believes they are no longer capable or suited to be the guardian.  Anyone can file a Petition for Removal if this is the case. 

All of the options are explained in more detail below. 

 

Adding a Co-Guardian or Replacing a Guardian

If there is already a court-ordered guardianship but someone else wants to be appointed the guardian, either as a replacement guardian or a co-guardian to help the current guardian, the person can file a Petition for Appointment of Successor/Co-Guardian.  A successor guardian is someone who takes over for the current guardian, and a co-guardian is someone who is appointed to share in the duties of the current guardian.

To ask to be appointed a co-guardian or a successor guardian, dowload the following packet and follow all of the instructions included. 

Petition for Appointment of Successor/Co-Guardian Over an Adult (pdf)

Petition for Appointment of Successor/Co-Guardian Over 1 Child (pdf)

Petition for Appointment of Successor/Co-Guardian Over 2-3 Children (pdf)

Petition for Appointment of Successor/Co-Guardian Over 4-6 Children (pdf)

 

Resignation

If a guardian does not want to be the guardian anymore, the guardian can petition the court to resign.  The guardian must explain why he or she no longer wants to be the guardian.  The judge will have to select a new guardian to take over.  If there is already someone who wants to take over as guardian, use the Petition for Appointment of Successor/Co-Guardian (above) instead since it takes care of the resignation and appointment of a new guardian in one set of forms. 

To ask the court to resign, download the following packet and follow all of the instructions included.

Petition to Resign as Guardian (pdf fillable)

Petition to Resign as Guardian (pdf)
 

Removal of a Guardian

If a guardian is failing in their duties, or cannot voluntarily resign for any reason, another person can petition the court to have the guardian removed.  The person will have to explain why the guardian is no longer able to serve anymore.  If there is already someone who wants to take over as guardian, use the Petition for Appointment of Successor/Co-Guardian (above) instead since it takes care of the removal and appointment of new guardian in one set of forms. 

To ask the court to remove the existing guardian, download the following packet and follow all of the instructions included.

Petition to Remove Guardian (pdf fillable)

Petition to Remove Guardian (pdf)