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What is a Petition For Removal of Guardian?
Guardianship is a relationship that is established by a Court, which gives a person the legal right to care for and make decisions for another person who is minor and unable to make decisions for himself. As the Court appoints the guardian for the welfare and interest of the child similarly, the Court may also remove a guardian in the interest of the child after considering several factors. This article enlightens us about several factors and provisions under which a guardian can be removed from his guardianship. A guardian is appointed by the Court for the care and protection of the child as child welfare is the paramount consideration of the law. The Court has the power to appoint a guardian for the welfare of the child at the same time Court may also remove the guardianship from the person, where a person fails to perform his obligation as a legal guardian or in some other situation in the child’s interest.
The Probate Judge usually requests the Department of Children and Families (DCF) to conduct an Investigation and file a report concerning the parents, the allegations, and a recommendation regarding the suitability of the proposed guardian. This can take up to sixty days. If there are emergency circumstances, like when the health or welfare of a child is in danger, a judge can award temporary custody of the child to a suitable caregiver while the underlying transfer of guardianship is pending.
Once the DCF Study is filed with the Probate Court, a conference will be scheduled to review the recommendations. In those cases where the parent(s) and the prospective guardian do not agree to a guardianship arrangement then a trial will be held for the judge to decide the Petition for Removal of Guardian.
For a parent to be removed as guardian, a judge must find at least one of the following:
- The child has been abandoned;
- The child has been denied proper care;
- The child has non-accidental or unexplained injuries;
- The child has been neglected or uncared for; or
- The parent agrees to their removal as guardian.
In appointing a guardian of a child, the court will consider:
- The ability of the prospective guardian to meet the physical, educational, and emotional needs of the child;
- The child’s wishes if over age 12 or sufficiently mature to make an intelligent preference;
- The nature of the relationship between the child and potential guardian; and
- The best interest of the child.
FAQs for Petition For Removal of Guardian
Q1. Petition For Removal of Guardian
Ans – This is done by filing a petition with the Clerk in the county in which the ward was originally determined to be incompetent. The petition should request that the Clerk review the guardianship and explain the reasons why the request is being made.
Q2. How do you reverse a guardian?
Ans – A guardian can resign. But first, there must be a court hearing. And you must give notice of the hearing to all relatives who were notified of your appointment as guardian. You must show the court that it would be in the child’s best interest for you to resign.
Q3. Can I use an affidavit as proof of legal guardianship?
Ans – It’s important to note that Nsfas does not accept affidavits for proof of legal guardianship. Nsfas explained, “We do not accept affidavits
Q4. Can a family member be your guardian?
Ans – A legal guardian may be a friend, family member, or another person the court feels will act in the minor’s best interest. As the minor’s legal guardian, an adult may be granted physical custody of the minor, or they may act as a financial guardian who exercises control over the minor’s property.
PETITION FOR REMOVAL OF GUARDIAN
In the Court of the District Judge, _________.
Misc. Application No. _________ of 20 _________
In Civil Miscellaneous Petition No. _________ of 20 ______.
In the matter of _________
minor aged _________ son of _________ resident of _________
……………………………..……Guardian
,,,,,,,,,,,,,,,,, _________. Applicant.
Application under Section 39, Guardians and Wards Act.
The applicant abovenamed humbly submits—
1. That ………………………………..………… abovenamed was appointed guardian of the person and property of the abovenamed minor by an order of this Court dated _____________ in this case.
2. That the said ……………………………………………. has not been keeping good health ever since he was appointed guardian of the minor.
3. That on account of his ill health the said ……………………………..………….. is incapable of performing the duties of his trust and has continuously failed to discharge his duties.
4. That it is in the interests of justice that the said ……………………..……….. be removed from the office of guardian of the minor and some other suitable person be appointed guardian in his place.
It is, therefore, prayed that …………………….……………. appointed guardian of the minor by this Court be removed and in his place some other suitable person be appointed guardian of the minor and of his property.
Dated _________
…………………..
……………………Applicant.
