ABA Family Legal Guide

The Rights of Older Americans

A Right to Control Your Own Affairs

Guardianship

May the court remove a guardian?

Yes, a guardian may be removed if the incapacitated person can prove that he or she has regained the capacity to make decisions. But it can be hard to have a guardian removed. Therefore, if someone's incapacity may be temporary, consider whether some other arrangement (such as money management or a representative payee) will meet the person's need for help and make it unnecessary to get a guardianship.

A court also may remove a guardian who is not properly carrying out his or her responsibilities. Usually, a new guardian will replace the person who is removed.