A guardianship is appointed when a person is incapable of looking after themselves. The person who is appointed guardianship of a child or an older adult steps in when their initial guardian dies or becomes incapable of taking care of their ward for some reason.
Therefore, establishing guardianship is very important to ensure your loved one stays safe even when you are not around. However, guardianship may no longer be needed for some reason. If you are looking to terminate your guardianship but are unsure whether you have a valid reason to do so, you can seek help from San Antonio guardianship attorneys.
Common reasons for termination of guardianship
The child’s parents can take care of them.
If the protected person is a child and their parents become capable of taking care of them, guardianship may be terminated. The parents must prove to the judge that they have corrected the issues that led to the establishment of guardianship in the first place. For example, if the parents were going through an addiction problem, they must demonstrate that they are fully sober. The parents are also required to show that they can provide food, shelter, and clothing to the child and take care of their medical and educational needs.
If the parents and legal guardian agree with the decision, they can sign the termination papers. If not, the parents must file a petition in court, and the case goes to trial.
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The ward becomes competent.
Competency only applies when the protected person is an older adult, and they become capable of managing their affairs. Again, the person has to prove that they are competent with the help of two letters from two physicians. The letters must say that the protected person has overcome or recovered from whatever issues they were going through and are now competent.
The ward dies.
One can terminate a guardianship agreement when the protected person dies. The guardian must inform the court about the ward’s death, which then terminates the guardianship. The guardian is relieved of their responsibilities and may not take further action regarding the ward. However, they are expected to hold on to the ward’s estate until passed on to the executor.
The ward reaches the age of maturity.
Parents often appoint a legal guardian for their minor children. When these minor children become adults or reach the age of 18, the guardian can file a petition for termination of guardianship. However, the guardian must prove to the court that the child no longer needs to be taken care of.
Once the court establishes legal guardianship, it can be difficult to end or “terminate” it. Nevertheless, it is not impossible. With the right evidence and attorney, you can prove that your guardianship over the person is pointless. Contact an attorney today.
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