How to Revoke Guardianship

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If you are recovering from an incapacitating illness, you likely are ready to regain control of your life and get your affairs back in order. If a guardian was appointed by a court to protect your rights during your incapacitation, you will have to file a petition to revoke your guardianship. If a guardian was appointed to you as a minor, the guardianship usually will expire once you reach the age of 18.

Obtain two physician certificates that indicate the physician has examined you and has found you to be of sound mind and body and no longer incapacitated. While standards vary from jurisdiction to jurisdiction, some states require you to submit medical proof that you are no longer incapacitated.

Draft a Petition for Revocation of Guardianship. You can obtain the general form from your county courthouse. The form varies from jurisdiction to jurisdiction, but generally is a simple form which requires you to state the reason why you wish the guardianship to be terminated. Attach your medical certificates to the petition. When you file the petition and pay the filing fees, you will be given a date to appear.

Provide notice of your petition and date to the guardian or natural and adoptive parents if the revocation is based upon a minor reaching the age of eighteen. Generally the court will enter a decree terminating the guardianship when you appear on your petition. In the case where the current guardian disputes your competence, the court will set a hearing or jury trial on the matter.


About the Author

Based near Chicago, Sameca Pandova has been writing since 1995 and now contributes to various websites. He is an attorney with experience in health care, family and criminal prosecution issues. Pandova holds a Master of Laws in health law from Loyola University Chicago, a Juris Doctor from Case Western Reserve University and a Bachelor of Arts in history and political science from Case Western.

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