Guardianship of minor children and incapacitated adults is a court ordered legal relationship whereby a guardian has the responsibility to care for the physical and/or financial well-being of the ward.A guardianship can be terminated by a court order if there is a minor turning 18.A person needs to file a petition with the court, attend a court hearing, present evidence, and wait for a judge to make a decision on the case.
Step 1: Automatic end of guardianship is demonstrated.
One of the easiest ways to end a child's guardianship is to show that they meet the requirements.Death of the ward is the most common reason why a guardianship will be terminated, even though each state has its own laws.The guardian has no obligation to provide a final accounting of the ward's finances at a court hearing if the child dies.The ward is 18 years old.A guardian will be terminated once a ward turns 18.The ward can be adopted, married or serve in the military.In most states, any one of these circumstances can lead to the end of the guardianship.The ward is emancipated by the court.If the child applies for emancipation and the court grants the petition, the guardianship will be terminated.
Step 2: Parents request for their child to be terminated.
If the child's parents want them to live with them again, they can ask for the guardianship to be terminated.If a parent can show that they can provide the child with a stable place to live, they will be able to end a guardianship in court.They have a source of income that can support the child.They are able to resume care-giving responsibility for the child.They may have successfully completed their rehabilitation.They can provide a good home for the child.If the guardian is not fit to perform his or her duties, the parent may have to provide evidence.Evidence that the guardian misuses the child's funds, was abusive, or can no longer act as a guardian because of substance abuse or incapacitation may be included.
Step 3: Resign as a guardian.
A guardian can resign as guardian.Before a guardian resigns, they must petition the court.The child may be placed in foster care or become a dependent in juvenile court if the court terminates the guardian.In order to show the court that the resignation is in the child's best interest, a guardian may argue that one or both of the parents can resume their parental responsibilities.The guardian can no longer serve due to illness or age.The burden of the guardian should have been discussed or planned during the original appointment.The conflict between the guardian and minor is bad for the minor.The minor will benefit from the resignation.The resignation won't hurt the minor.
Step 4: Request to be terminated by the ward.
A child 12 years old or older may petition the court for the end of their guardianship in some states.They will have to show that it's not in his or her best interest.The minor's biological parents can resume their parental responsibilities if the guardianship is terminated.The minor was put up for adoption.The guardian didn't make him or herself accessible to the minor.The guardian can no longer act in the best interest of the minor because of their age or infirmity.The guardian used the minor's property or funds for something else.
Step 5: You should hire an attorney.
It's in your best interest to hire an experienced family law attorney if you believe that the end of the guardianship is going to be challenged.The strengths and weaknesses of your case can be assessed by a family law attorney.You should gather evidence to support your arguments.Write and argue persuasively.To file with the court, you need the proper forms and documents.
Step 6: If you want the court to end the guardianship, you should seek it.
Even in the case of a guardian attempting to resign, a court will not approve the end of the guardianship.The family court in the area where the minor child lives will be the place to seek court assistance.To find out what court has jurisdiction over the guardian case, you should conduct an internet search for the name of the county and state where the child resides.
Step 7: There is a petition that can be filed to end the guardianship.
There are different rules for filing a Petition to Terminate Guardianship.You can find the court with an internet search.The courts will often have form petitions for you to use.The name of the court where the petition is being filed is usually included in a Petition for Termination of Guardianship.The name and contact information for the person who is filing the petition.The reasons the person wants to be terminated.The minor and the minor's parents should be notified of the petition and hearing.Whether the petition is related to an estate or a person.There should be consent among the interested parties for this to happen.Usually, the petition is filed in person.You should check to see if there are any fees associated with the filing.
Step 8: Appropriate documentation can be provided.
During the court hearing, you may be asked to provide evidence to support your request to be terminated.The final accounting of the ward's estate may be included in this evidence.If the ward died, if you are a guardian of property and the assets are used up, or you want to resign your position, you may need to provide this.Parents who want their children to live with them may need to submit a financial disclosure form to show that they are financially stable.A disclosure form may include information such as: current and previous employment information, yearly and monthly income, sources of income and a detailed list of expenses, the number of children living in the home, and an accounting of all personal assets and debts.Evidence of drug or alcohol rehabilitation can be presented by parents.A sample disclosure form can be found at: http://www.familylawselfhelpcenter.org/images/forms/misc/financial-disclosure-form.You must give a certificate of service to the court if you mail or serve the petition in accordance with local court rules.
Step 9: Attend the hearing.
The court will notify you of the hearing date after you file your petition.The person who filed the petition has to show evidence that supports the end of the relationship.In a petition by parents, a court will want them to show that they can provide a stable place to live and a good home, they are fit to be caregivers and that the child has an emotional bond with the parents.The court will take into account where the child wants to live if they are 12 years old or older.The judge will make a decision based on what he or she believes is in the best interest of the child.The judge will issue an Order Terminating Guardianship if the court grants the petition.
Step 10: The court made a decision.
You have the right to appeal a family law court decision.You need to check with the court clerk to find out how long you have to file the petition, as well as any fees that are required.The court failed to make adequate findings of fact, the court did not follow the law properly, and it abused its discretion.
Step 11: Seek the restoration of your rights.
In the case of an adult, a guardian is supposed to protect their interests.The power to make medical decisions for the person is held by the guardian.The adult may seek a restoration of his or her rights if he or she regains capacity.The right to legal notice of any hearings regarding the guardianship is one of the rights afforded to a person seeking restoration of his or her rights.There is a right to attend hearings.A guardian ad litem is assigned to ensure that the ward's rights are protected during the hearing.There is a right to examine witnesses.There is a right to appeal.
Step 12: Request a lawyer.
If the guardian is contesting the restoration of rights, it is in the best interest of the person seeking restoration to request that the court appoint an attorney to represent his or her interests during the hearing.The rights of the ward should be protected by an attorney or guardian.
Step 13: There is a petition for restoration.
Every state has its own laws regarding the restoration of rights and most will have sample petition forms.The name and contact information of the person filing the petition can be found in the Petition for Restoration.The ward is no longer in need of a guardian according to a sworn affidavit by a medical professional.The doctor will need to provide evidence to support the claim.A certificate of service is a document where the petition was properly sent to all relevant parties.There is a list of state-specific guardian laws that address restoration of rights.If you want to locate the petition forms, you should conduct an internet search for the county and state where the ward is located.You can request the petition form from the county court where the ward is located.
Step 14: Attend the hearing
The court will hold a hearing if there is enough evidence in the petition to show that the ward should have his or her rights restored.The ward needs to show that the person has the ability to manage his or her personal care and property.The person has the ability to handle their care and property interests even with some assistance, so they don't need to show total control of all functions.Even if a person has some mental impairment, they can still show their functional ability.
Step 15: You can restore rights and end the guardianship.
A court can rule that the person's rights are restored after the hearing.When a person's rights are restored, the court uses this as the basis for ending their guardianship.All rights and obligations of the guardian for the ward are ended when the guardianship is terminated.
Step 16: Appeal the denial of restoration.
The ward has the right to appeal if the court denies the petition.You have to check with the local court to find out how long your appeal will take.The court failed to make an adequate finding of fact, the court did not follow the law properly, and it abused its discretion, so you need to file a notice of appeal.