How Would I Go About Getting a Guardianship Revoked?
- 1). Understand the legal reasons for terminating a guardianship. A petition to resign as guardian over a minor is appropriate when the minor no longer wishes to have a guardian (assuming he is of an appropriate age), the minor reaches 18 or the minor passes away before reaching adulthood. If the ward is an incapacitated adult, the ward may be removed if it is in the ward's best interests, the ward has regained mental capacity or the situation dictates that guardianship is no longer appropriate.
- 2). Petition the court for termination of guardianship. The petition should be filed within the same venue that granted the guardianship in the first place. Many states require that venue is maintained in the original court and attempting to obtain termination in another court could result in a null decree. The petition should set forth the facts for the court to make a determination on the matter. Be sure to identify all parties to the action (the ward and the current guardian). State specifically and succinctly why a termination is appropriate.
- 3). Arrange for notification of all interested parties. Usually, interested parties include the ward's spouse, his children or any other close family member or friend with personal knowledge as to the ward's mental competence. Some states will arrange for notification while others will require the guardian to provide notification. In either event, interested parties must sign an affidavit stating they received notice of the termination hearing and are aware of the date, time and location.
- 4). Gather evidence to produce at the hearing. If the ward has been declared mentally competent, make sure to obtain copies of the physician's findings. If the ward is no longer a minor or has passed away, copies of birth or death certificates are necessary to present. Parties will be free to testify to the court if they see fit as well. Any evidence that could give the judge a clear picture of the situation should be included.
- 5). Attend the termination hearing. All interested parties are encouraged to provide evidence as necessary to inform the court about the guardianship relationship. If family members believe it is in the ward's best interests to maintain the relationship, they should so state at the hearing. Alternatively, parties believing the relationship should be terminated should testify to this as well.