Guardianship can be established when a minor child needs care, a special needs adult needs someone to watch over them, or an elder becomes incapacitated. But when does it end? Also, how do you terminate it if you’re no longer capable of handling it or want to hand it off to someone else? Read on to learn the legal process and understand how a guardianship attorney helps.
How Guardianship Ends
Guardianship can expire under certain circumstances. It can happen when certain events or conditions specified in the legal arrangement or state law take place.
Also, it ends when the person under your care passes away or if the person regains their competency and no longer needs a guardian to care for them. For example, someone with severe mental illness or had traumatic brain injury regained their mental faculties.
Sometimes, the order might even mention a specific date of its end. Think of it as an expiration plan based on the individual’s circumstances and needs. Here are other situations when it can also end.
The Child Legally Becomes An Adult
In the case of minor children, you are no longer a guardian when the child reaches the age of 18 or when the courts allow them to become emancipated. It means they are legally recognized as adults even before they turn 18. However, they must be at least 16 years old. They would be free to manage their affairs, enter into contracts, and exercise their rights as an adult.
Parents Want To End The Arrangement
Some parents want to end the arrangement when they have fixed the problems that made them need a guardian or think they can now care for their child. They can petition the court to end the arrangement, allowing them to resume full responsibility. Before accepting their petition, the court will assess their suitability and the child’s best interests.
When There Is Suspicion Of Abuse
In situations where abuse is suspected or reported, termination is possible to ensure the ward’s safety and well-being. Anyone who suspects the guardian of abuse has the right to petition the court for removal. The court will take these allegations seriously and conduct a thorough investigation to protect the vulnerable individual.
The Guardian Becomes Incapacitated
Another scenario is when the guardian becomes incapacitated. It often happens among adults who are guardians of their spouse suffering from a physical or mental illness or caring for their adult children with special needs. The court must reassess the situation and appoint a new guardian if necessary.