Several years ago my uncle was appointed by court to be guardian for my grandmother. He looked after her and her affairs with dedication. Recently, however, he was injured in a road accident and since then has been in hospital, unconscious. I am the adult relative closest to my grandmother and I would like to look after her. I do not have enough money of my own to do so and her bank refuses to let me have access to her funds. What should I do ?By: דיאנה שאלתיאל•Published on: 19 May, 2022
The 1962 Legal Capacity and Guardianship Act allows the court to dismiss a guardian if he or she is not fulfilling his role properly, or if it considers there is another reason for doing so. Where a guardian cannot apply to be relieved of his duties himself – for example where he is lying unconscious in hospital –then the court can reconsider the changed circumstances, bring his guardianship to an end, and appoint a new guardian instead. Accordingly, someone wishing to look after his relative can apply to court to be appointed his/her legal guardian where the existing one can no longer function as such.