How Hard Is It To Terminate Guardianship?

A guardianship allows one person to care for someone unable to care for themselves. While most are established between adults and minors, it’s also not uncommon to see this arrangement between two adults.

However, guardianships can often be detrimental to the incapacitated person. So, it’s useful to consider how hard is it to terminate guardianship even before making further arrangements.

Guardianship Explained

Guardianships are legal relationships between a named party (a guardian) and a person referred to as a ward. Most commonly, the ward is a minor or a child but guardianship is also beneficial for adults with mental disabilities or debilitating conditions.

Guardians are supposed to safeguard and provide care for the ward and make legal decisions on their behalf. For instance, parents often include a guardianship agreement in their wills to ensure someone can watch over their children when they can no longer do so themselves.

It’s worth noting that how hard is it to terminate guardianship depends on the requirements outlined in the guardianship agreement. Before we dive deeper into the specifics, we first need to address in which circumstances you would want to overturn a guardianship.

When Can Guardianship be Overturned?

A guardianship can be overturned or rescinded in many scenarios. For example, if the appointed guardian doesn’t want or isn’t able to care for the ward, they can bypass their legal responsibilities.

Similarly, guardianships can expire on their own if the designation is temporary, or in the case of a child ward, when parents reestablish custody.

There are other ways a guardianship can be terminated, but they generally involve petitioning the court. A ward can do it if they believe their guardian is not fulfilling their duties.

A third party can also petition the court if they suspect neglect or mistreatment. In the event the guardian has abusive or violent tendencies or neglects their duties toward the ward, the court will revoke the previous agreement and appoint a new guardian.

How Do Courts Decide to Terminate a Guardianship?

How hard is it to terminate guardianship will also depend on the court. Here’s why.

The court that named the guardian has the power to dissolve the legal agreement when any interested parties request a removal. When this happens, the court will schedule a hearing where they’ll evaluate the circumstances and decide whether the guardian can carry on their duties.

Depending on the facts of the case, the court may also determine if a new guardian should be appointed by implementing an alternative guardianship agreement.

Each case is different, so the judge must examine evidence from all parties. If needed, they may request additional proof of any misconduct on the part of the guardian. For instance, it may be necessary to provide factual evidence that a guardian is falling short of the terms of the underlying agreement.

Apart from relying on the evidence, the court may also consider whether the guardian carried out fraud, charged excessive fees, failed to respect court orders, mismanaged the ward’s assets, or even if they have a criminal record, among other factors.

How to Terminate a Guardianship?

Because you’re now familiar with how hard is it to terminate guardianship, you can start thinking about actionable steps.

The process will vary slightly depending on your role in the agreement, but in most cases, the first step is filing the petition with the court that handled the original agreement. Basically, you’ll be requesting that the court overturn the agreement, thereby dissolving the rights the current guardian has over the ward.

The documentation required depends on the situation. If you’re a guardian of a child and would like to absolve yourself of the duties so the parents can resume custody, you’ll need evidence that the parents are fit to take care of the child. Thus, you may need to provide documents such as rehabilitation certificates, evidence that proves the parents can provide a healthy environment, as well as bank accounts, to name a few.

Once the paperwork is filed and all the filing fees are paid, you must acquire copies of the paperwork from the court clerk and mail them to all the interested parties. Upon mailing the paperwork, the next step is to file evidence with the court.

With everything out of the way, the clerk will schedule a hearing. The judge will weigh the evidence and any testimonies from interested parties and decide whether or not to terminate the guardianship.

If overturning the guardianship is in the ward’s best interest, the court will issue an order to nullify the agreement. If not, the petitioner has the opportunity to appeal the decision.

Why Hiring an Attorney is Recommended

Although the process of filing a petition is relatively straightforward, there’s no guarantee you’ll prove that a guardianship must be terminated. Guardianships are highly delicate matters. Since they concern the care of individuals considered legally defenseless, proving that a guardian is not fulfilling their duties is very challenging.

For example, a guardian is named by the court or a close family member and is often considered trustworthy, so in most cases, it’s your word against them.

To protect the ward from further harm and neglect and improve your odds of terminating the guardianship, you should speak to an experienced lawyer before filing your petition.

A legal professional can help you draft, review, and submit the petition, as well as represent you in court if any party tries to challenge your petition. Most importantly, an attorney can review the facts of the case and ascertain whether the petition will be granted. If the petition is bound to fail, they can advise you on increasing your chances and inform you of other legal remedies if the petition gets denied.

Tip the Scales in Your Favor

Terminating a guardianship can be tricky. Because the ward is defenseless against most forms of abuse, it’s on you to ensure they’re protected.

To improve your odds, reach out to experts at Doane & Doane. Our law firm has a twenty-year history of helping Florida citizens navigate complex legal arrangements, including guardianship and their termination process.

We’ll work diligently to provide you with the outcome you and the ward deserve by collecting all the required evidence, taking over the petition process, and ultimately. presenting the facts during the court hearing.

Protect your loved one’s rights - call 561-656-0200 or fill out our contact form, and our attorneys will evaluate your case free of charge.

Note:

The information in this blog post is for reference only and not legal advice. As such, you should not make legal decisions based on the information in this blog post. Moreover, there is no lawyer-client relationship resulting from this blog post, nor should any such relationship be implied. If you need legal counsel, please consult a lawyer licensed to practice in your jurisdiction.