How can you Remove a Minor’s Guardian?

admin — Sat, 19 Jun 2010 04:58:05 +0000

To remove a minor’s guardian, the court is going to be looking for circumstances that indicate the minor would be better off with a different guardian. When asking the court to make a change, have in mind who that guardian would be and why it’s in the child’s best interest to be with that person. The court might be more willing to modify the existing order first, and then look further to see if a change needs to be made.

If it’s absolutely essential, a guardian can be removed by the Court for any of the following reasons, per the probate code:

(a) Failure to use ordinary care and diligence in the management of the estate.
(b) Failure to file an inventory or an account within the time allowed by law or by court order.
(c) Continued failure to perform duties or incapacity to perform duties suitably.
(d) Conviction of a felony, whether before or after appointment as guardian or conservator.
(e) Gross immorality.
(f) Having such an interest adverse to the faithful performance of duties that there is an unreasonable risk that the guardian or conservator will fail faithfully to perform duties.
(g) In the case of a guardian of the person or a conservator of the person, acting in violation of any provision of Probate Code Section 2356 (placing the minor in a mental health ward against their will, sterilizing them, etc.).

To request the removal, you will need to file a petition in the proper probate court. While an attorney is not a requirement, it is strongly recommended. Call the Law Office of Daniel K. Printz at (858) 740-4370 for more information.

THE LAW OFFICE OF DANIEL K. PRINTZ » guardian felony

How can you Remove a Minor’s Guardian?