Fort Worth, TX asked in Family Law for Colorado

Q: Can interested persons be removed from a guardianship proceeding?

For a guardianship proceeding for an incapacitated adult, interested persons are submitting motions in lieu of the petitioner.

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1 Lawyer Answer
Jandi Keum
Jandi Keum
  • Colorado Springs, CO
  • Licensed in Colorado

A: This is a complex issue - let me break it down. First, in a guardianship proceeding, interested persons are typically individuals who have a legal interest in the outcome of the case. These individuals could include family members, close relatives, or other parties who may be affected by the guardianship decision. The specific rules and procedures regarding who can be considered an interested person and their role in the guardianship proceeding can vary depending on the jurisdiction and local laws.

In some cases, interested persons may have the right to participate in the guardianship proceeding by filing petitions, presenting evidence, or expressing their opinions to the court. However, it is possible for interested persons to be removed from the guardianship proceeding under certain circumstances.

Some reasons for removing interested persons from a guardianship proceeding could include:

Lack of Standing: If an interested person does not have a legal right or standing to participate in the guardianship case, they may be removed from the proceedings.

Conflict of Interest: If an interested person has a conflict of interest that could potentially compromise the best interests of the individual for whom guardianship is being sought, the court may remove them from the case.

Failure to Comply with Court Orders: If an interested person repeatedly fails to comply with court orders or disrupts the proceedings, the court may choose to remove them from further participation.

Abuse or Neglect: If an interested person is found to have engaged in abuse or neglect of the individual subject to guardianship, they may be excluded from the proceedings.

Lack of Participation or Inactivity: In some cases, an interested person who has shown little or no interest in participating in the proceedings may be removed.

It's important to remember that the specific rules and procedures for guardianship proceedings can vary significantly depending on the jurisdiction. If you are involved in a guardianship case and have concerns about the participation of certain interested persons, it's a good idea to seek legal advice from an attorney familiar with guardianship laws in your area. They can provide guidance on the specific rules and options available to address the situation appropriately.

Rebecca Pescador agrees with this answer

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