Tag Archives: SUCCESSON

How can I be removed as guardian?

Q: I am permanent guardian of the person and estate for a 50-year-old adult son with mental illness. However, he can and has acted independently to get jobs and credit cards. It has become almost impossible to track his spending and I question if he is legally incapacitated. At I minimum I cannot handle the guardianship any more. I also receive no compensation for it. He is no longer under the auspices of the mental health system but is in jail with a potential mental health commitment for competency. (Pittsburgh, PA)

A: If you have been appointed guardian of his person and estate, you can petition the court to appoint a successor guardian. Unfortunately, you will need an attorney to do this. You might be able to find an agency to take over but without knowing more, I am not sure what agency would accept him for services. If an agency would step in, they may be able to handle petitioning the court to have you removed and replaced. The interest of an agency will increase if he is collecting disability or if there is some other source of income for him.