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Do discharged guardians have to be replaced?

My grandma's brother was her legal guardian even though she lived with us. He was removed as guardian because he was stealing from her bank account. Do we have to now apply for guardianship or can she just continue to live with us?
Status: Open    Jan 17, 2016 - 06:55 AM

Elder Law > Guardianship

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Expert Answers

Jan 27, 2016 - 10:17 AM

You should probably explore your options in becoming her successor guardian. If she had a guardian, then she must have been a person in need of protection. Even though her guardian was removed, she still probably requires protection. Unless she can speak for herself and has the capacity to sign documents, you will find it is difficult to care for her unless you are her legal guardian.

Feb 10, 2016 - 07:40 AM

I agree with Jack Carney. She likely still needs a guardian. My experience has been that if a court removes a guardian the court appoints a new one at the same time. Check with the Court first. If there is no guardian then contact an attorney and file to become a guardian. The guardian would be the one to pursue getting the stolen money returned also.
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