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There are numerous circumstances when a petition can be filed to change a guardian. The court can remove a guardian who has become mentally incompetent, unsuitable or otherwise incapable of exercising the authority and performing the duties of a guardian as provided by law. A change may be appropriate if the guardian is no longer qualified to act as a guardian pursuant to NRS 159.0613. A guardian may have concluded he or she can no longer continue to assist the protected person. Alternatively, the guardian may have committed some misconduct which warrants their removal.
A guardian cannot simply quit and walk away from the responsibilities as guardian. Instead, they must file a petition requesting the court to accept their resignation. NRS 159.1873. Before the court approves the resignation of a guardian of the person and discharges the guardian, the court shall appoint a successor guardian. If a protected person has more than one guardian, the court may approve the resignation of one of the guardians if the remaining guardian or guardians are qualified to act alone. NRS 159.1875.
Even if the court approves the resignation, the guardian will not be discharged until the filing of a final account, unless waived by the court. NRS 159.1877.
A petition to remove a guardian is appropriate if there is sufficient evidence to establish the guardian of the estate has mismanaged the estate of the protected person; the guardian has negligently failed to perform any duty as provided by law or by any order of the court and: (1) the negligence resulted in injury to the protected person or the estate of the protected person; or (2) there was a substantial likelihood that the negligence would result in injury to the [ward] protected person or the estate of the protected person; the guardian has intentionally failed to perform any duty as provided by law or by any lawful order of the court, regardless of injury; or the guardian has violated any right of the protected person.
Ready for effective, immediate action for your guardianship matter? Contact Drizin Law at 702-798-4955 to speak with an attorney today.