When should a guardian file a petition to modify the guardianship plan?

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A guardian should file a petition to modify the guardianship plan primarily when there are significant changes in the ward's capacity to meet essential requirements for health and safety. This is crucial because guardianship plans are tailored to address the specific needs of the ward, and any change in their ability to manage basic health and safety requirements can warrant adjustments to ensure their welfare.

For instance, if a ward shows a decline in cognitive abilities or physical health, this could affect their ability to care for themselves or make informed decisions. In such a case, the guardian needs to reassess the situation and potentially seek more protective measures or alter the existing plan to better support the ward's current needs.

While changes in living arrangements or financial status can also lead to a modification, these factors typically do not carry the same weight as changes in the ward’s capacity related to health and safety. A request from the ward, though it might be important, does not automatically necessitate a modification unless it aligns with a significant change in their needs or circumstances. Thus, the most critical scenario that mandates filing a petition to modify occurs when there is a substantial shift in the ward's health and safety capacity.

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