You have the right to change or limit your guardian’s powers or change your guardian under certain circumstances. For example, you may think that the guardian is making decisions that you can make yourself, or that you would like a different guardian who can better help meet your needs.
The probate court should tell you about this right. The court should also give you a written statement explaining how to ask for a change in your guardianship. You, your guardian, or any other interested person may petition the court for a change in your guardianship. You can do this by writing a letter or calling the court. The court will then appoint someone to help you prepare the document, called a “petition.” A hearing will then be held by the judge to talk about your requested changes in guardianship. If you need an attorney, the court will provide one for you.
Sometimes you may disagree with your guardian. You may also sometimes disagree with someone who thinks you need a guardian. You can ask for a mediator to help you work out your disagreements. You can also ask for someone else to conduct an evaluation of your abilities. The court will help pay for the evaluation if you can’t afford it. It is important to know what the evaluators as well as what other people in your life think about your abilities and your needs. Family, friends and school, job or workshop, and home staff may all have different ideas about your abilities. Because they are close to you and see you often, they can tell the judge about what they think your needs and abilities are so that the judge can make an appropriate decision.
If you are unsure if you or a family member, need a change in guardianship a knowledgeable attorney or advocate can help you petition the court for a change in guardianship.
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