Legal Definitions - custode amovendo

custode amovendo

Custode amovendo refers to a legal action or process initiated to remove a guardian or custodian from their appointed position. This action is typically pursued when there is evidence that the guardian is unfit, negligent, or is not acting in the best interests of the person (the "ward") or property they are legally obligated to protect.

Here are some examples illustrating when custode amovendo might apply:

• Child Guardianship Dispute: Imagine a situation where a court appointed a distant relative as the legal guardian for a child whose parents passed away. After a year, the child's grandparents observe that the child's school attendance has become sporadic, their health needs are being neglected, and they appear withdrawn and unhappy. The grandparents believe the current guardian is failing to provide adequate care and is not prioritizing the child's well-being.

  In this scenario, the grandparents could initiate a legal action of custode amovendo, presenting evidence to the court to request the removal of the current guardian and the appointment of a more suitable individual, possibly themselves, who can better meet the child's needs.

• Elderly Conservatorship Mismanagement: Consider an elderly individual who, due to advanced dementia, has a court-appointed conservator responsible for managing their finances and personal care. A concerned adult child discovers that the conservator has been making questionable investments with the parent's savings, selling valuable family heirlooms without proper justification, and isolating the parent from other family members. The child suspects the conservator is acting for personal gain rather than the parent's benefit.

  The adult child could file a petition for custode amovendo, providing documentation and testimony to the court to demonstrate that the conservator is mismanaging the estate and potentially exploiting the elderly parent, thereby seeking their removal from the conservatorship.

• Property Guardian Negligence: A young adult with a severe intellectual disability inherited a significant portfolio of rental properties. A court appointed a professional guardian to manage these properties, ensuring they generate income and are properly maintained. Over time, a family friend who regularly visits the properties notices that essential repairs are not being made, tenants are complaining about unaddressed issues, and the properties are falling into disrepair, significantly decreasing their value and income potential.

  The family friend, acting on behalf of the ward, could pursue a custode amovendo action, presenting evidence of the guardian's negligence and failure to maintain the assets, asking the court to remove the current guardian and appoint a more diligent property manager.