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Can I have a guardianship terminated?

On behalf of Law Offices of Frye, Fortich & Garcia, P.L. | Sep 14, 2016 | Guardianships & Conservatorships

Guardianships can be critical for people who need help managing certain matters for reasons including age or incapacity. When in place, a guardianship can protect a ward’s medical care, legal rights and financial well-being. 

As important as guardianships can be, they can and do become unnecessary for many people at a certain point. In this post, we will look at why guardianships can be terminated and what options you have if you are either the guardian or the ward looking for a change.

As noted in this FindLaw article, some common reasons why a guardianship could be terminated include:

  1. A ward regaining or developing the capacity to take over a guardian’s duties
  2. A guardian or ward moving out of state
  3. The guardian wanting to resign or needing to be removed for breeching his or her duties
  4. A lack of assets that need protection because they have been extinguished
  5. The ward passing away

In these scenarios, it may be wise or necessary to terminate a guardianship. In some cases, the guardian’s responsibilities may be transferred to another guardian or they may be taken over by the ward.

If you are a ward or guardian looking to have this relationship terminated, you need to know that you cannot just end it yourself. You will need to have a court approve

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