Seeking guardianship over a loved one can be a wise choice. A guardian can help them make major medical or financial decisions or handle daily needs, leaving you with peace of mind knowing your loved one is in good hands.
But sometimes an individual may want to change or terminate the guardianship. There are many reasons an individual with a guardian, known as a ward, might want their guardianship terminated.
Common reasons for termination
If you are a ward, perhaps you feel like your guardian is neglecting you or not performing their duties appropriately. You could even believe they are committing fraud or another type of crime, such as mishandling your funds.
Alternatively, you might believe your situation has changed and you no longer need a guardian. A physical illness that you heal from or a mental condition that improves may leave you wanting to make your own decisions again.
Maybe you never wanted a guardian to begin with and want to know if terminating your guardianship is a realistic option.
Whether you want a new guardian or want to terminate your guardianship altogether, you cannot do so without a court order. The court has power to modify or terminate a guardianship if evidence shows that a change or termination is best.
The court process
To modify or terminate a guardianship, a petition must be filed with the court. You can file this petition even if you are the word. Otherwise, the guardian or anyone impacted by the guardianship can file the petition.
Therefore, if your loved one has a guardian that you believe should be removed, or if you believe your loved one no longer needs a guardian, you can file a petition for modification or termination. This is true even if you were not involved in the initial guardianship appointment.
A court holds a hearing once a petition is filed to determine what changes, if any, should be made to the guardianship. Both sides have an opportunity to present evidence and testimony and argue their positions.
The court has various options
A court can hold that the ward cannot make certain decisions on their own and that the guardianship is still necessary but appoint a new guardian. If a court determines that the ward is now capable of making independent decisions and physically and mentally fit the guardianship could be terminated.
A serious illness is a common example of when terminating a guardianship is appropriate. A guardian might be appointed when an individual becomes incapacitated due to illness and cannot communicate or is in a coma. Once their health improves or they can communicate again, the guardianship could be terminated.
Sometimes a court finds that a guardian should never have been appointed in the first place because the conditions never required guardianship. However, this is usually difficult to prove. At other times, a court decides that no changes should be made and the guardianship continues.
What a court could do in your situation depends on your circumstances. It is best to talk with a professional to learn about your expected outcome.