How to Terminate Guardianship in Texas

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Guardianship in Texas may be granted by the court for a variety of reasons including custody disputes, incapacitated individuals, and for those deemed unable to care for themselves and make decisions regarding care or health. To terminate this guardianship, the party seeking to terminate must petition the court and have the order granted before it becomes legally binding. Once a guardianship is set in a court hearing it cannot be terminated unless evidence is presented in court that supports the positive outcome of a change of ruling from the original guardianship order.

Terminating a Guardianship in Texas

It's important to file the appropriate paperwork so your case is not delayed or dismissed.
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Contact the Clerk of Court for the county courthouse where you will need to file your petition for termination of an ordered guardianship. Ask if they have copies of the petition you need to file or if you will need to have a petition drafted to be filed in family court.

The court can be petitioned for a continuance if there is a substantial conflict with the date of the hearing.
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Provide the Clerk of Court with the current contact information for both parties. The court will need to serve the hearing notice to the opposing party so they will be informed of the date of the hearing. If both parties are not present for the hearing it may be postponed or dismissed completely.

If you have petitioned for the termination of guardianship then you have the burden of proof in the case.
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Gather evidence necessary to prove the validity of your case. This supporting evidence can include witness affidavits, medical records, or direct testimony. This evidence must show the court that the circumstances surrounding the original guardianship order is no longer valid or necessary.

Criminal charges may be filed by the owner of the property for any items not returned.
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Return all property held in the guardianship to its rightful owner or new guardian. To complete the termination of guardianship order all property held in trust must be surrendered and turned over. Any property not surrendered can lead to a civil suit being filed for stolen property.



About the Author

Gary Fish began writing in 1996 and has over 18 years of experience in computers and publishing. He has written for technology blogs and other editorial forums related to travel, culture and family. He earned his Microsoft-certified systems engineer accreditation through an independent-study program.

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