Can a guardian resign from their duties?

Q: How do you change your guardian?

To change your guardian, you must file a petition with the court requesting a change. This petition should include reasons for the change and information about the proposed new guardian. The court will review the petition to ensure that the change is in your best interests and may hold a hearing to consider the request.

Full question:

I would like to resign from guardianship. Is it possible?

Category: Guardianship
Date: 04/07/2025
State: Florida

Answer:

Yes, a guardian can resign from their duties. To do this, they must provide notice to the court and to the surety on their bond. Before the court discharges the guardian, they must file a true and correct final report of their guardianship. This includes delivering all property of the ward, relevant records, and any money due to the ward to the successor guardian. Additionally, if the guardian is responsible for the person, they must provide copies of all medical or personal care records to the successor guardian.

Before the court issues an order to accept the resignation, it must ensure that the ward's interests will not be jeopardized. The acceptance of the resignation does not absolve the guardian or their surety from any prior liabilities.

This process is outlined in Fla. Stat. § 744.467.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

How much power does a guardian have?

A guardian has the authority to make decisions regarding the personal and financial affairs of the ward, which may include healthcare, living arrangements, and managing assets. However, the guardian's powers are limited by the court's orders and the best interests of the ward. The guardian must act in a way that protects the ward's rights and welfare, and they are accountable to the court for their actions.

What are the downsides of guardianship?

Guardianship can limit the ward's autonomy and decision-making abilities. It may also involve significant responsibilities and potential liabilities for the guardian. Additionally, guardianship can be costly due to legal fees and ongoing court supervision, which may not be suitable for all families. It's essential to consider alternatives, such as powers of attorney, before pursuing guardianship.

How hard is it to transfer guardianship?

Transferring guardianship can be complex and requires court approval. The current guardian must file a petition to transfer their responsibilities to a successor guardian. The court will evaluate whether the transfer is in the best interests of the ward and ensure that the new guardian is suitable. This process may involve additional hearings and documentation.

How to switch legal guardianship?

To switch legal guardianship, the current guardian must petition the court for a change. This involves providing reasons for the switch and demonstrating that the new guardian is capable and suitable. The court will review the circumstances and ensure that the change serves the best interests of the ward before granting approval.

How to avoid guardianship?

To avoid guardianship, individuals can establish a durable power of attorney or a healthcare proxy, allowing trusted individuals to make decisions on their behalf without court intervention. Additionally, creating a living will can outline preferences for medical care. Planning ahead and discussing wishes with family can help prevent the need for guardianship.