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Reasons conservators resign from the position

On Behalf of | Nov 2, 2019 | Estate Planning

When choosing a person to serve as a guardian or conservator for a Georgia relative, one of the things to be aware of is that for various reasons, some guardians might choose to resign the position. It is helpful to know why a guardian might want to step down so you can evaluate your guardian candidates for any sign that they might not be able to handle guardian duties down the line.

Per FindLaw, Georgia law allows a guardian to resign the position on a number of grounds. One of these reasons is what state law calls good cause. Quite simply, a guardian is too old or too sick to handle guardianship duties, or the guardian has become disabled. These are factors to keep in mind since if your guardian candidate is already up in years, the person might not be able to serve for as long as you wish.

Some people believe they can handle the task of looking after another person, only to find that the position is more overwhelming than they thought. There might also be additional burdens that come about that the guardian did not consider. If it is simply too hard on a person to continue to act as a guardian, the person may use this as a valid reason to step down.

There are also instances when guardians and wards do not see eye to eye on how the guardian conducts his or her duties. If a guardian is truly abusive of a ward or mismanages the assets and property owned by the ward, the guardian may be litigated and removed. However, if the guardian and ward merely disagree strongly on certain issues, the guardian may voluntarily choose to step down in favor of someone the ward can work with more easily.

These are not the only reasons a guardian might resign. Sometimes it is financially beneficial for a ward if a guardian steps down. Whatever the reason, Georgia law requires that a petition for resignation also list the name of someone who can take over as a conservator or guardian. For this reason, it is a good idea to think of someone who can serve as a backup guardian in case your first choice needs to resign.