In the event an individual is no longer in need of a court-appointed guardian, rest assured there is a process to terminate the guardianship. In fact, there are three steps to end a guardianship. We explain concisely below what these steps to end a guardianship are and how important they are.
1. Obtain a physician certificate or letter from the treating doctor
A guardian is appointed when the court finds the individual is incapacitated and that appointing a guardian is necessary to provide continuing care and supervision of the incapacitated individual. When appointing a guardian, the judge often wants a letter from a physician or doctor that indicates this individual is in need of a guardian. Likewise, before terminating a guardianship, judges often want something in writing from a physician or doctor stating the individual is no longer in need of a guardian. With the certificate or letter in hand, you will need to turn your attention to preparing and filing with the probate court.
2. Prepare and file a petition to terminate guardian with the probate court
For a legal proceeding to occur, one must file a petition to the probate court, requesting the termination of the guardianship. A petition form can be found here. The petition is filed in the court where the guardianship proceeding is currently pending. Once the petition is filed, the court will set a hearing date and may appoint a guardian ad litem. The guardian ad litem is an attorney that is responsible for meeting with the individual that is under guardianship and making a written recommendation to the court.
3. Attend the court hearing and present evidence to support the filed petition
As if it was not obvious after learning about the court hearing date, one will need to appear in front of the court and present evidence that supports the petition to terminate the guardianship. This includes the physician certificate or letter from the treating doctor. By following these three steps, you will be on your way to ending the guardianship.
Of course, you will want to have an experienced, competent probate attorney who can guide you through the more arduous and difficult parts of the guardianship process. If you have any questions on this issue, or guardianships or probate in general, The Probate Pro is here to assist. We’re ready to handle your probate needs throughout the State of Michigan, as well as Illinois and Florida. Call us today at (833)-PROBATE, and we’ll be ready to help you.