My uncle had a stroke and became incapacitated. He had no POA in place. I had to petition for guardianship in order to take care of him and his affairs. We no longer need court ordered guardianship and he is now able to sign a POA. How do I go about terminating the court ordered guardianship and replace it with a POA? My uncle still needs my help with managing his medical and financial affairs. We just don't need the court intervention.
i'm going to out on a limb on this, but I bet that your uncle won't present well in court. If uncle refuses to do a will, that is a problem as it shows he has a lack of understanding and perhaps a disregard for the legal system within your state - keep in mind that the guardianship judge also hears probate and no will means intestate death and a whole host of problems to the state, and the legal system due to that. If I were a judge and he showed up in my court and wanted the guardianship dissolved and refused to do a will, it basically means he is doing a "F…Off" to the judge……not a good idea. And in addition, if you start complaining about the burden / costs / time etc of being a guardian, the judge will do a court appointed outside guardian & you will be removed entirely. Please think carefully on all this before you do something that could have a whole other outcome.