Can dad change attorneys on his own and fire my sister as his guardian?

Everyone has provided valuable information! I wondered though if the dad has lost his ability to change anything now, since he has "vascular dementia". Also, if this is all taking place in a 'community property' state, would that impact the final outcome concerning distribution of the assets when dad dies, thus eliminating all the costs involved now with attorneys and guardianship etc.?

Court granted guardianship goes to the heirs. We are going through this now with my disabled sister. Our mom passed away and she was guardian over our sister. We now have to fill out paperwork to re-establish guardianship over her. Fortunately my parents named my one sister as the backup guardian once they died so there's a court stipulation that the heirs will be responsible thus keeping my sister from becoming a ward of the state which is what you don't want.
Dad's golddigger wife would have to go to court to make herself guardian and then she has to file reports either monthly or annually about his care. If she fails to do so and/or she's not living up to her responsibility, the court will remove her as guardian and she could be thrown in jail if it's serious enough.

You mentioned that your sister had "temporary guardianship" over your father. She needs to follow up with that in order to make it permanent. Your father can hire his own lawyer but there will need to be a court trial, a social worker evaluation, and your sister's current atty (the one representing the original guardianship) will need to become involved. My concern is the long-term marriage onto which the court will place some importance and sympathy. Your sister should be proactive immediately.

Regarding setting up on alternate guardian in case the named guardians becomes incompacitated or passes away, there is not always that provision set into place. It wasn't the case with my guardianship over my father who had vascular dementia even though he was still married to my mother, his wife of more than 60 years.

Best wishes,

Shelley Webb, RN
Geriatric Care Manager

Courts do not grant guardianships at the whim of a relative or other person(s). Provisions are setforth in the guardianship order providing for alternate in the event the primary guardian is unable to act. This is al, under the preview of the court. No, the ward does not become emanicapted. If so there would have been no need for a guardianship in the first place.

What happens if a court granted guardian dies? Does the guardianship flow to his heirs or is now emancipated in the eyes of the court?

Is the current guardianship court granted? If so only the court can change the guardianship, otherwise, if the guardianship is a POA granting powers to another he can change it at any time. Of course he can hire an attorney at any time to pursue any legal action he so desires. Depending on what the guardianship allows and the nature of it's orgin, court or POA, limits him to any action.