Can a legal guardian be removed if they are not fulfilling their duties?

In the Guardianship Certificate in Pakistan, a legal guardian is entrusted by the Guardian Court to care for and make important decisions on behalf of a minor or an incapacitated person. The appointment is made under the Guardians and Wards Act, 1890, with the central guiding principle being the welfare of the ward (minor). However, what happens if the legal guardian fails to act in the child’s best interest or neglects their duties?

The law does provide a remedy in such cases. A legal guardian can be removed by the court if they are found to be neglectful, abusive, unfit, or otherwise failing to fulfill their legal obligations. The court prioritizes the well-being of the minor above all else and will intervene if the guardian's conduct poses a threat to the child's safety or development.

Grounds for Removal of a Legal Guardian

The Guardians and Wards Act outlines specific reasons why a court may remove a legal guardian. These include:

1. Neglect of Duty

If a guardian is consistently failing to provide proper care, attention, education, or medical treatment to the ward, they can be removed from their position. The court will consider whether the guardian has acted irresponsibly or failed to meet the basic needs of the minor.

2. Abuse or Misconduct

Any form of physical abuse, emotional harm, or exploitation by the guardian is a serious violation. Guardians who mistreat or endanger the child may not only be removed but could also face criminal charges under applicable child protection laws.

3. Misuse of the Ward’s Property

A guardian entrusted with managing the minor’s property or finances is expected to act responsibly and in the child’s best interest. If the guardian misuses or embezzles the minor’s property, sells assets unlawfully, or causes financial damage, they are liable for removal and possible restitution.

4. Immoral Conduct or Criminal Activity

If the guardian is involved in criminal activity or is found to have questionable moral character, the court may determine that they are not a suitable role model or protector for the child and remove them accordingly.

5. Incapacity or Illness

If the guardian becomes physically or mentally incapable of caring for the child, or develops a serious illness that affects their ability to perform their duties, the court may appoint a replacement to ensure the child’s needs are properly met.

6. Failure to Obey Court Orders

A guardian who fails to comply with court instructions—such as failing to submit reports, misrepresenting facts, or refusing court supervision—can be dismissed by judicial order.

Who Can File an Application for Removal?

An application for the removal of a guardian can be made by:

• The minor themselves (if old enough)

• A biological parent or other close relative

• The Child Protection Bureau or other state authority

• Any interested party who has sufficient reason to believe the guardian is not fulfilling their role

The application must be filed in the same Guardian Court that issued the original Guardianship Certificate.

Procedure for Removal

The legal process involves the following steps:

1. Filing of Application

An individual files a petition for removal with reasons and supporting evidence. This could include photographs, medical reports, witness statements, financial records, or any documentation that shows the guardian’s misconduct or neglect.

2. Issuance of Notice

The court issues a notice to the guardian, allowing them to respond to the allegations and present their defense.

3. Hearing and Examination of Evidence

Both sides are heard by the judge. The court may also call witnesses, appoint a Guardian Ad Litem to investigate the matter, or request reports from relevant welfare departments.

4. Interim Measures

If the allegations are serious and urgent, the court may issue interim orders, such as temporarily suspending the guardian or appointing a temporary caretaker.

5. Final Decision

After reviewing all evidence, the court may:

• Remove the guardian

• Appoint a new guardian

• Issue additional orders to protect the child (e.g., monitor new guardian, involve welfare agency)

Appointment of a New Guardian

If the Guardianship Certificate court removes the current guardian, it must ensure that a new guardian is appointed without delay to prevent disruption in the minor’s life. Preference may be given to:

• The other biological parent

• A close and trustworthy relative

• A person nominated in a previous will (if applicable)

• A state-appointed guardian, in extreme cases

The new guardian must meet the legal requirements and prove their ability to care for the child.

Impact on the Removed Guardian

Once removed, the guardian:

• Loses all legal rights over the ward

• Must return any documents, property, or funds related to the ward

• May be held liable for damages, if found guilty of misuse or abuse

• Can face criminal proceedings, especially in cases of child abuse or property fraud

Conclusion

In Pakistan, a legal guardian holds a position of trust and responsibility. However, this trust is not absolute or unconditional. If a guardian is found neglecting their duties, engaging in abuse, or acting against the minor’s best interests, the Guardian Court has the authority to remove them and appoint a more suitable guardian.The esteemed team of expert lawyers at Khadija Law Associates excels in providing exceptional legal services to clients dealing with family disputes. The legal process ensures that every minor under guardianship is protected, and their rights and welfare are never compromised by the failure of those entrusted with their care.