How can you terminate a Florida guardianship?

On Behalf of | Dec 4, 2020 | Uncategorized |

When someone experiences a decline in their physical or mental capabilities, it’s not uncommon for a loved one to ask the court to step in and appoint them as a guardian over that person’s personal and financial affairs.

Guardianships don’t always last forever, though. There are certain instances in which a guardian or their ward may ask for a termination of a Florida guardianship

When can a guardian request termination?

Guardians themselves can request to be relieved of their role. They generally have to file a petition for discharge before a Florida probate judge agrees to it, however. The court will likely order the guardian to return any of the ward’s property before finalizing their request. A guardian may also request the termination of their appointment once a ward’s assets are depleted (leaving nothing to manage) or the ward dies. 

Guardians can also petition the court to terminate the guardianship if they become unable to locate their ward. The court will generally order them to sell off the ward’s assets and deposit the funds with the court clerk before terminating the guardianship. 

A guardian may also ask a judge to release them from their role if the ward relocates out of the jurisdiction. They’ll likely need to identify another guardian to step into their position before a judge allows for their release. This is fairly common, however, in situations where an aging parent moves in with a different adult child in another area.

When can a ward request an end to guardianship?

A ward can request a termination of someone’s guardianship over them if their capacity to manage their own affairs is restored. The court will usually require the ward to undergo a medical examination to confirm that they are capable of taking care of their own needs before finalizing the request. 

Wards can also ask for a guardianship to end or for a guardian to be replaced if the guardian isn’t acting in their best interests.

Terminating a guardianship isn’t always easy. There are a lot of pitfalls in the process for the unwary. An experienced advocate can assess your case and help you take the next steps. Whether you’re the guardian or the ward, it’s wisest to proceed with good representation by your side.