To be honest, starwise, I do not know; I don't know if they can circumvent his guardianship without his consent, unless they find some criminal action or whatever, which would allow him to be removed a guardian.
However, it IS possible, that the DCF investigation may have already turned up some criminal behavior......maybe that will be provided to the Federal judge when this, hopefully, gets removed from the state courts and goes into federal court. (That's what I'm hoping, anyways.)
I used to be a legal sec. as well -- but not much with criminal law, and I'm just thinking of how specific documents have to be .. and in whose name it would be .. unless they're going to substitute the Schindlers .. but I don't know the legal maneuvering that's going on behind the scenes. Anything that would replace MS would have to be grounded in pretty solid factual evidence AND be done without a hearing BEFORE the subpoena is served or else, as her legal guardian -- he would be receiving it for her, dontcha think?