How to End a Legal Guardianship
Demonstrate automatic termination of guardianship., Request by parents for termination., Resign as guardian., Request for termination by ward.
Step-by-Step Guide
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Step 1: Demonstrate automatic termination of guardianship.
One of the simplest ways to terminate a guardianship of a child is to show that they meet one of the requirements for automatic termination of guardianship.
While each state has its own laws regarding termination of guardianship, generally guardianship will terminate automatically for one of the following reasons:
Death of the ward.
While the guardian may be legally required to provide a final accounting of the ward’s finances at a court hearing, the guardian’s obligations terminate with the death of the ward (the child for whom the guardian was responsible).
The ward turns
18.
Once a ward turns 18 and is considered an adult, a guardianship will be terminated.
The ward is adopted, marries or enters the military service.
In most states, any one of these circumstances is grounds for termination of the guardianship.
The court emancipates the ward.
If the child applies for emancipation, which means he or she petitions the court to be ruled an adult, and the court grants the petition, a guardianship will be terminated. -
Step 2: Request by parents for termination.
Parents of a minor under guardianship can seek termination of the guardianship if they want the child to live with them again.
Generally, in order for a parent to successfully terminate a guardianship in court, they must show:
That they can provide the child with a stable place to live.
That they have a source of income that can provide support for the child.
That they are “fit” to resume care-giving responsibility for the child.
Fitness may mean that they have successfully completed rehabilitation.
That they can provide a good home for the child.If the guardianship is contested, the parent may have to provide evidence that the guardian is unfit to perform his or her obligations.
This may include evidence that the guardian: misused the child’s funds; was abusive; or can no longer act as a guardian because of substance abuse or incapacitation., A guardian can also request to terminate a guardianship by resigning as guardian.
Generally, a guardian must petition the court before resigning.
The court may terminate the guardianship, appoint another guardian, or, if no replacement is available, the child may be placed in foster care or become a dependent in juvenile court.In order to show the court that the resignation is in the best interest of the child, a guardian may argue the following:
One or both of the parents are able to resume their parental responsibilities.
The guardian can no longer serve because of age, illness or infirmity.
There was an increase in the burden of the guardianship that should have been discussed or planned for during the original appointment.
The guardian and the minor disagree with respect to the care of the minor and the conflict is detrimental to the minor.
The resignation will permit financial gain for the minor.
The resignation will not disadvantage the minor., In some states like California, a child 12 years old or older may also petition the court for termination of a guardianship.
They will have to present evidence that shows that guardianship is not in his or her best interest.A minor may seek termination of a guardianship for the following reasons:
The minor’s biological parents can resume their parental responsibilities.
The minor was adopted.The guardian has not made him or herself accessible to the minor.
The guardian is no longer qualified to act in the minor’s best interest because of age or infirmity.
The guardian misused the minor’s property or funds for something other than care of the minor. -
Step 3: Resign as guardian.
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Step 4: Request for termination by ward.
Detailed Guide
One of the simplest ways to terminate a guardianship of a child is to show that they meet one of the requirements for automatic termination of guardianship.
While each state has its own laws regarding termination of guardianship, generally guardianship will terminate automatically for one of the following reasons:
Death of the ward.
While the guardian may be legally required to provide a final accounting of the ward’s finances at a court hearing, the guardian’s obligations terminate with the death of the ward (the child for whom the guardian was responsible).
The ward turns
18.
Once a ward turns 18 and is considered an adult, a guardianship will be terminated.
The ward is adopted, marries or enters the military service.
In most states, any one of these circumstances is grounds for termination of the guardianship.
The court emancipates the ward.
If the child applies for emancipation, which means he or she petitions the court to be ruled an adult, and the court grants the petition, a guardianship will be terminated.
Parents of a minor under guardianship can seek termination of the guardianship if they want the child to live with them again.
Generally, in order for a parent to successfully terminate a guardianship in court, they must show:
That they can provide the child with a stable place to live.
That they have a source of income that can provide support for the child.
That they are “fit” to resume care-giving responsibility for the child.
Fitness may mean that they have successfully completed rehabilitation.
That they can provide a good home for the child.If the guardianship is contested, the parent may have to provide evidence that the guardian is unfit to perform his or her obligations.
This may include evidence that the guardian: misused the child’s funds; was abusive; or can no longer act as a guardian because of substance abuse or incapacitation., A guardian can also request to terminate a guardianship by resigning as guardian.
Generally, a guardian must petition the court before resigning.
The court may terminate the guardianship, appoint another guardian, or, if no replacement is available, the child may be placed in foster care or become a dependent in juvenile court.In order to show the court that the resignation is in the best interest of the child, a guardian may argue the following:
One or both of the parents are able to resume their parental responsibilities.
The guardian can no longer serve because of age, illness or infirmity.
There was an increase in the burden of the guardianship that should have been discussed or planned for during the original appointment.
The guardian and the minor disagree with respect to the care of the minor and the conflict is detrimental to the minor.
The resignation will permit financial gain for the minor.
The resignation will not disadvantage the minor., In some states like California, a child 12 years old or older may also petition the court for termination of a guardianship.
They will have to present evidence that shows that guardianship is not in his or her best interest.A minor may seek termination of a guardianship for the following reasons:
The minor’s biological parents can resume their parental responsibilities.
The minor was adopted.The guardian has not made him or herself accessible to the minor.
The guardian is no longer qualified to act in the minor’s best interest because of age or infirmity.
The guardian misused the minor’s property or funds for something other than care of the minor.
About the Author
Tyler Robinson
Specializes in breaking down complex crafts topics into simple steps.
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