How to change the guardian of an incapacitated person

How to Change a Guardian for an Incapacitated Person

The process of changing a guardian for an incapacitated person is a serious legal step that requires not only a thorough understanding of legal norms but also adherence to a clear procedure. If you have witnessed that the current guardian is failing to fulfill their duties or is violating the rights of the person under guardianship, changing the guardian becomes necessary. Let’s take a look at the main stages of this process.

Main Steps in Changing a Guardian

Changing a guardian requires following several important steps. The process begins by filing a lawsuit in court, where you will request a change of guardian if the current one is not fulfilling their duties. Let's take a closer look at the documents and steps needed to successfully carry out this procedure.

Steps to Change a Guardian

1. Preparing Evidence: It is important to have an evidence base that proves the violation of rights or improper fulfillment of duties by the current guardian. This may include medical reports, testimony from neighbors, relatives, or social workers, as well as other documents confirming the guardian’s failure to perform their duties.
2. Gathering Necessary Documents: Before filing the lawsuit, you need to gather all the necessary documents. This may include medical reports, health certificates of the person requiring guardianship, as well as documents that confirm violations of rights by the current guardian.
3. Filing a Lawsuit in Court: After preparing all the documents, you need to file a claim in court where you can clearly state your position, confirming the necessity of changing the guardian.
4. Reviewing Evidence by the Court: The court will review the evidence you have submitted and may appoint additional expert assessments or involve witnesses to confirm the facts. It is important that all documents are properly prepared and contain all the necessary information.
5. Assigning a New Guardian: If the court determines that changing the guardian is necessary, a new guardian will be appointed. It is important that this process is carried out in the best interests of the person requiring guardianship.

Necessary Documents to Change a Guardian

To successfully change a guardian, you will need to prepare the following documents:

• Medical Report: This document confirms the health status of the person requiring guardianship and shows whether the current guardian is capable of providing adequate care.
• Testimony of Rights Violations: These may be written statements from relatives, neighbors, or others who can confirm the improper fulfillment of duties by the current guardian.
• Certificate from Guardianship Authorities: Guardianship authorities can provide an opinion on whether the current guardian is fulfilling their duties properly or if a change is necessary.
• Lawsuit to Court: This is the main document where you state your position regarding the necessity of changing the guardian.

Questions — Answers

How Can a Lawyer Help in the Process of Changing a Guardian?

The process of changing a guardian is quite complicated and requires careful adherence to all legal norms. A lawyer specializing in guardianship issues can provide qualified assistance at every stage of this process.

• Consultation on Gathering Evidence: A lawyer will help you properly prepare all the necessary documents to avoid mistakes that could delay the process.
• Preparation and Filing of the Lawsuit: A professional lawyer will help you draft the correct lawsuit, taking into account all legislative requirements.
• Protection of Your Interests: A lawyer will accompany you through every stage of the process, protecting your rights and interests in case of disputes.

Legal Consultation: Our lawyers will provide qualified consultation on all stages of the guardian change process.

Document Preparation: We will help you gather all the necessary documents for filing in court.

Rights Protection: Our lawyers will protect your interests at every stage of the guardian change process.