I am suffering from cancer. Is it possible to appoint a successor guardian for my child?
Full Question:
I live with my son in Florida. My son was adopted a year ago. Recently, I found that I am suffering from cancer. As a result, it would be difficult for me to provide him with care and maintenance in the coming years. Is it possible to appoint a successor guardian for my child?
01/04/2017 |
Category: Guardianship |
State: Florida |
#29409
Answer:
A successor guardian may be appointed and duly qualified before the current guardian is relieved form his or her duties and obligations. A successor guardian is appointed if the guardian dies, becomes incapacitated or is removed as stated in Fla. Stat. §744.471. Fla. Stat. § 744.467, before relieving a person from guardianship, the court shall require the guardian to file a true and correct final report of the guardianship. Also, the guardian has to deliver to the successor guardian all property of the ward, all records concerning the property of the ward, copies of all records of medical or personal care and all money due to the ward from him or her. The court has also to ensure that the interest of the ward will not be placed in jeopardy by the resignation of the guardian. Fla. Stat. §744.471 reads:
“A successor guardian must be appointed and duly qualified before a guardian shall be relieved of his or her duties and obligations as provided in s. 744.467. A successor guardian shall be appointed if a guardian dies, becomes incapacitated, or is removed. Successor guardians are governed by the laws concerning guardianships.”
Fla. Stat. § 744.467 states resignation of a guardian. It is as follows:
“A guardian may resign and be relieved of his or her duties after the notice that the court may require and notice to the surety on his or her bond. Before entering an order discharging a guardian of the property, the court shall require the guardian to file a true and correct final report of his or her guardianship and to deliver to the successor guardian all property of the ward, all records concerning the property of the ward or of the guardianship, and all money due to the ward from him or her. A guardian of the person must deliver to the successor guardian copies of all records of medical or personal care, prior to being discharged. Before entering the order, the court shall be satisfied that the interest of the ward will not be placed in jeopardy by the resignation. The acceptance of the resignation shall not exonerate the guardian or the guardian's surety from any liability previously incurred.”
