What Happens if you need to Remove a Guardian, Trustee or POA

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Estate Planning

Getting older brings with it a whole world of new challenges that one must learn to conquer. These challenges can compound one another and, more and more frequently, the elderly need the assistance of those with guardianship or power of attorney to take care of them, or the assistance of trustees to hold onto their assets. When people trusted with these designations fulfill their responsibilities older individuals are better able to relax knowing that some of the challenges they face have been lifted off their plate. Unfortunately, people don’t always do what they’re supposed to and there may come a day when you need to know how to protect a senior citizen by removing a guardian, trustee or POA.

The Best Case Scenario

If the individual who appointed the trustee or POA is alive and in a sound state of mind then you’re in luck. This soundness of mind means that in order to revoke a POA all that’s needed is to sign a document stating the revocation. Similarly, given that a trust is revocable, it’s also within the grantor’s power to remove any trustees who aren’t up to snuff. Of course, if the individual is in a sound state of mind then they shouldn’t have any guardians to remove. However, when an elderly person isn’t capable of making decisions for themselves things can get tricky.

Going to Court

Getting these designations revoked in court can be a challenge, but there are some things you can do to maximize your chances of success. If there’s a guardian who can attest to the need to remove a POA or trustee then their opinion can help immensely. It’s also important to gather all evidence that you can showing these individuals are acting maliciously, incompetently or just failing to do what’s right for the person they’re supposed to be helping. In the case of trustees it’s also important to act early as removing them from a trust becomes difficult should the grantor pass away.

If you need to take matters to court then hiring the best legal team will all but ensure your success. Don’t settle for anything less than the best, choose Morgan Legal Group. We have the experience needed to tackle any estate planning or elder law case. We can’t wait to assist you in protecting the people you care about, get in touch with us to find out what we can do for you.

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DISCLAIMER: The information provided in this blog is for informational purposes only and should not be considered legal advice. The content of this blog may not reflect the most current legal developments. No attorney-client relationship is formed by reading this blog or contacting Morgan Legal Group PLLP.

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