This is the next post in our series regarding guardianships for Connecticut adults with disabilities. Our last article discussed the responsibilities which come with being an adult guardian. It is important to understand that the limits of a guardian’s powers will be defined by the Court, but that they must always act in the best interest of the ward. This article will follow up on our prior discussion by explaining the process of requesting the removal of a guardian after they have been appointed. If you or a family member are in need of assistance, then contact our office today to speak with a lawyer.
Removing a Connecticut Guardian begins by filing a Petition with the Court
The process of challenging or removing a guardian in Connecticut begins by filing a Petition with the Court. The Petition must state the reasons for which the guardian should be removed, or that the guardianship should be eliminated altogether. A hearing will be scheduled, and evidence must be presented which shows why the removal should occur. Reasons for removing a guardian can include the ward no longer being in need of assistance or the guardian failing to act in the best interest of the ward. If the Petitioner is requesting the appointment of a new guardian (typically themselves) then they will need to make a case as to why they would be a better option than the current guardian.
It is important to understand that the Court will not remove a guardian simply because other interested parties disagree with how they are handling the situation. It must be shown that the ward is genuinely failing to meet the best interests of the ward. Consider the following example. Suppose Joe Guardian supervises a ward with both physical and cognitive issues. Joe has chosen a particular physical therapist to treat the ward. The therapist is fully licensed and has no history of disciplinary problems. Other family members of the ward believe that Joe should be utilizing a different therapist, who typically works more with people who have struggles similar to the Ward’s. Under this scenario, the Court would be unlikely to remove the guardian as they have chosen an appropriate option, albeit not the one others may have chosen. It must be remembered, however, that how the Court will rule in any given situation is always going to depend on the specifics of the case.
It is important to retain an attorney if you are challenging a Connecticut guardianship
If you wish to challenge a Connecticut guardianship then it is strongly suggested that you retain an attorney to assist you with the process. These types of cases involve complicated issues of fact and law. It is important to have a firm grasp of what types of issues the Court will consider and to make sure that the situation is presented in a strong manner. Our Hartford guardianship lawyers have extensive experience in the handling of such cases and we pride ourselves on providing a high level of service. We have been serving the local community for decades and we will make sure we stay in regular contact with you as the case moves forward. Contact us online or by telephone today to get started. We also service the Connecticut areas of Wethersfield, New Britain, Bristol, Rocky Hill, West Hartford, East Hartford, Glastonbury, and Manchester, as well as the Middlesex County cities of Middletown and Cromwell.
