Boise, ID asked in Family Law for Idaho

Q: How would someone transfer guardianship, of an adult, to another person?

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1 Lawyer Answer
Kevin M Rogers
Kevin M Rogers
  • Boise, ID
  • Licensed in Idaho

A: A "guardianship" is a court-order. So, if you want to get a different guardian you will need to file another Petition for Guardianship, this time seeking a different person.

This is the exact reason that guardianships are superior to DPA's (durable powers of attorney). If all the person caring for another had by way of authority, another person could conceivably get the ill person to sign HER DPA and then she could throw the other person (first person) out of the room by trumpeting HER DPA being signed by the ill person after the first DPA holder. Unlike a DPA, the Court is the only entity that can bestow a Guardianship for someone's benefit. The law says that any interested person can file a Petition for Guardianship. Likewise the statutes also provide that the Guardian may be "removed," by an interested person. You sound like an "interested person." You may be successful in removing the guardian. You'll need to be specific as to what you bring to the table, but also be specific in what you can prove the current guardian is failing at. Good luck to you!

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