The best way to describe why you would need to terminate a guardianship is that the necessity of the guardianship is no longer required. Indeed, there are moments when a person who was under guardianship can gain enough autonomy within their own lives to where they are capable of making decisions on their own. Of course, there could be various other reasons as to why a guardianship is terminated, such as one that has gone wrong, but we certainly hope reasons for guardianship termination are for the former and not the latter. Regardless, there are steps which must be followed in order for you to terminate the guardianship. We will provide you five simple steps on how to terminate a guardianship.
- Obtain a letter from a physician or medical professional
Make sure that the letter explains as to why there is no longer any need for a guardianship. Why the physician? Because the physician is the one who oversees the medical aspects of the individual’s life and can make a well-informed decision on the individual’s self dependency. The letter will serve as evidence that there is medical backing for the individual to be relieved of needing a guardian.
- Complete and file a petition
This petition in particular will determine guardianship status in the probate court upon which that guardianship is currently pending.
- Serve interested parties
Legally, you are obligated to serve notice to all interested parties. In the court of law, all interested parties must be presented an opportunity to be present before the court, should they have any dispute regarding the status of the guardianship or the petition itself.
- Cooperate with a Guardian Ad-Litem
The Guardian Ad-Litem is the eyes and ears of the court, providing a report on the pending petition.
- Attend hearing and present evidence
Obviously, your attendance matters in this situation. You must appear before the court in order to present evidence as to why the petition is in need of change to what’s been requested.
Now these are just five simple steps to terminate a guardianship. With that said, it’s always easier said than done. Doing it alone is possible, but it can be arduous. The Probate Pro can help make the termination process go by quick and make sure every step is followed and more. If you have more questions on how to terminate a guardianship or if you are looking to terminate a guardianship, give us a call today at 877-YOUR-FIRM. Our legal team will be ready to represent you and provide answers to the questions you need answers for.