I frequently get calls from persons under guardianship, or their family members, who are concerned because the current guardian is not doing things that they are supposed to (or is doing things that they are not supposed to). If the actions of the guardian are serious enough to put the person under guardianship in jeopardy, the Court can appoint a Temporary Substitute Guardian under Minn. Stat. 524.5-312. The Court could appoint a temporary successor guardian of its own volition, or an interested person could bring a petition asking the court to do it after a hearing. It depends on the particular circumstances of the case and how urgently a new temporary guardian is needed. If you have questions about your particular case, you should seek the advice of counsel.
10 Signs Your Loved One May Need A Guardian
- He lacks good judgment on how to keep himself safe.
- She cannot reliably take her own medications.
- He gets lost in places that were once very familiar to him.
- She does things around the house that are dangerous – like leaving the burner on after cooking.
- He responds to mail or calls that are obviously scams.
- She insists on driving, even though it’s likely no longer safe for her to do so.
- He has become very forgetful – missing appointments, forgetting events, etc.
- She is frequently late – or completely misses – paying bills, taxes, etc.
- He is no longer able to balance his checkbook.
- She is falling and dismissing it as a one-off event.
If these sorts of things are happening to your parent, spouse or family member, he or she may be in need of a guardian to help him/her make good decisions and keep him/her safe.