How to Terminate Legal Guardianship of an Adult
A legal guardianship involves the appointment by a probate court judge of an adult over another adult who cannot handle his personal affairs. Physical illness, a mental or physical impairment or chronic substance abuse may render the adult incapable of taking personal care of himself, his finances and property. The adult being cared for is called the "ward." The adult caring for him is called the "guardian." A guardianship can be terminated when the ward dies, recovers from the impairment or substance abuse, moves to another state, or has a troubled relationship with the guardian.
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Instructions
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File a petition to terminate adult guardianship. The petition should be filed at the probate court where the guardianship was originally granted. The court may have the petition available for download on the Internet. In some cases, the petitioner might also receive notice of court hearing forms and proof of service forms that will need to be mailed later.
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Make copies of the petition for everyone who received notice when the guardianship was first granted. Generally, those who receive copies include: the ward's relatives, lawyers or estate representatives, a nursing home or facility where the ward is, or was, living.
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Call the court to schedule a hearing. After receiving the date and time for the hearing on the termination petition, obtain notice of court hearing forms and proof of service forms, if you have not already received them. A court hearing notice and a copy of the termination request must be sent to everyone associated with the guardianship case. The forms can be hand-delivered or mailed. If mailed, courts usually require mailing by certified mail with a receipt of the person's signature. You must also fill out a form to show proof that each person received copies of the petition and the court hearing notice.
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Gather evidence for your request prior to the court hearing. Before deciding on your petition, the judge might take testimony to hear reasons why you are asking to terminate the guardianship. If the ward has died, you should provide the court with a death certificate. If the ward is now capable of taking care of himself, you must provide a physician's testimony or affidavit as proof.
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Appear in court for the hearing. Be prepared for questions and anticipate answers. If the request is granted after providing the court with your evidence, the judge will sign an order terminating the guardianship.
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Make copies of the judge's order. You must send the copies to everyone who received notice of your original petition.
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References
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