How to Petition for Guardianship Withdrawal

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In certain cases, minors or incompetent adults may be appointed a guardian by the court. If an adult cannot make his own decisions, the court will declare him incompetent and assign a guardian to make his decisions. Children may also be appointed a guardian if their parents are not able to take care them. If you have been appointed a guardian to a ward, you are responsible for his daily needs. When circumstances change, you can petition the court to withdraw your guardianship.

Visit the Probate court in the county where your ward resides. Ask the clerk of the court for a "Petition for Termination of Guardianship" form.

Complete the form, listing your reasons for terminating the guardianship, and return the petition to the clerk of the courts. A filing fee may be charged depending on your county. A hearing date will then be assigned.

Notify other family members of the hearing by using the proper forms provided by the court. You are responsible for informing your ward's family members of the hearing date. If your ward no longer needs a guardian, for instance, if he turned 18, you may be able to waive a hearing if all family members agree.

Attend the hearing. The hearing is usually a formality where a judge will withdraw your guardianship and assign another guardian. If no family members are willing to become the guardian, a professional guardian will be assigned.

Receive the signed "Order Terminating Guardianship" from the judge. Keep a copy of this form for your records. With the order, you are no longer responsible for your ward.


About the Author

Ireland Wolfe has been writing professionally since 2009, contributing to Toonari Post, Africana Online and Winzer Insurance. She obtained her Bachelor of Arts in psychology and Master of Arts in mental health counseling. She is also a licensed mental health counselor, registered nutritionist and yoga teacher.

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