Although the court has the sole power to impose certain orders such as removing the guardian or surcharging bonds, other entities can get involved and assist victims. Numerous federal, state, and local government entities and non-profit agencies can respond and provide services when someone suspects that a guardian is mistreating an individual. Terminate the guardianship – Less restrictive options or changed circumstances might lead a court to terminate the guardianship entirely.īesides courts with guardianship jurisdiction, who can address abuse by guardians?.Remove the guardian – Removal may be the best way to stop guardian malfeasance, and petitioners might suggest a willing and suitable replacement.Appoint a co-guardian or limit the powers of the guardian – This strategy may help deter or stop mistreatment by a guardian.Enforce statutory rights to communication and visitation – When abusive guardians use isolation tactics, family members and others may be able to seek orders enforcing state laws that define the rights of people subject to guardianship to interact with others of their choosing.Sometimes courts do not require bonding when the guardian is appointed, making it more difficult to obtain repayment for losses at the hands of the guardian. Order repayment for lost assets or property – Such orders might restore lost assets but, in many cases, the only way to recover funds is through a bond that the guardian obtained upon appointment.A court can also audit an individual’s assets or order an accounting by an external entity such as a certified public accountant.
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