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Guardianships are important but not permanent

| Feb 14, 2020 | Uncategorized

There are many reasons why a judge can impose guardianship on an individual here in Florida. Someone may be appointed as a guardian over another person who is incapacitated due to infancy, disability or for any other reason. It may seem difficult to have your guardianship responsibilities ended once it’s allowed to begin. It’s not impossible though.

You may petition a judge to allow you to end your guardianship over your ward if you’re unable to locate them after diligently searching. A judge will generally ask you to gather together and sell your ward’s belongings and deposit any proceeds in an account before approving your request to be removed as guardian.

Guardians may be alleviated of their responsibilities if their ward moves to a different state other than Florida as well. Your ward must first petition a judge to be allowed to change their legal residence. You’ll need to be able to show proof that your ward has a qualified guardian to take care of them in their new state before a judge will allow for such a transition to occur.

Guardianships automatically come to an end once a ward dies. You generally can use your ward’s financial resources to pay for their final expenses. You may be asked to cover the cost of your ward’s funeral on your own if your ward doesn’t have enough to do so though.

Another instance in which you can petition a judge to terminate your guardianship is if your ward’s financial resources have been exhausted. You’ll still be responsible for filing regular reports on your ward’s behalf once this happens though. You can always petition a judge to be removed from your role for a valid reason as well.

You, as a guardian, may also petition a judge to terminate a guardianship if your ward’s capacity is restored. A Miami-Dade judge will generally want your ward to undergo a medical assessment and have their doctor write a report about their improved condition before agreeing to terminate your guardianship.

Guardianships can be an important tool. There are many situations in which it makes sense for them to be in place. You should realize that they’re not permanent though. An attorney can help you determine whether you meet all the requirements necessary to end be removed from your role here in Miami.



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