Previously, this blog discussed the basic rights that are enacted when a guardianship is put into place. Such a legal arrangement can be beneficial in many circumstances, especially when an elderly individual is unable to make decisions on his or her own. These guardians can help handle medical, educational and financial matters.
Yet, as beneficial as a guardianship can be, there may come a time when it is no longer needed. Typically, there are four circumstances under which a guardianship can be terminated. The first circumstance is when the ward has passed away. In this situation, the guardian must submit a death certificate to the court, prepare a statement of death and submit a statement of assets. The second way a guardianship can be terminated is when the guardianship is no longer needed.
Third, a guardianship may be terminated if the guardian has a justifiable personal reason, such as moving out of the state or otherwise being unable to perform his or her duties. Lastly, a guardianship can be terminated when the court determines that the guardian is not adequately performing his or her duties.
It is important to note that a guardianship cannot be terminated on one’s own accord. Instead, the matter must be taken the court. After all, a guardianship case must be opened before the legal arrangement can be made, so a guardian must return to that case in order to bring it to an end.
To ensure that you or your loved one are adequately protected, it is often best to obtain the assistance of a qualified legal professional when dealing with guardianship issues. Failing to appropriately handle these matters can result in unintended consequences that can have disastrous results. Those who want to learn more about guardianships and the various issues that may arise should take the time to understand their rights and available options.