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Resigning from a guardianship: Your options

by | Feb 22, 2019 | Estate Planning |

One thing that some people may need to handle is restoring a ward’s capacity after a period of time where they had to have a guardian. As a guardian, you’ll need to pass off the guardianship responsibilities correctly. Failing to do so can result in legal trouble.

To complete your duties as a guardian, you will need to first ask the court to reestablish the ward’s capacity, which was previously removed by the court. Once asked, the court will have a physician examine the ward. If they recommend it, the judge will restore, either partially or fully, the ward’s rights.

If the rights are restored, then you can begin the termination process for ending a guardianship. You need to file a resignation and petition for a discharge. If the court agrees, then you can legally end your guardianship.

Can the court remove a guardian?

Yes, a court can remove a guardian if they breach their duty in any way. For instance, if they breach their fiduciary duty by stealing money from the ward, then the court can take away the position. The guardian, at that time, will need to submit a final accounting before turning over all records and property to the next guardian.

Guardians also lose their position upon a ward’s death, but only after the court orders the discharge. Until the discharge, guardians must continue to invest assets and protect them as required before the person’s death. Our site has more on what to do if you’re placed as a guardian and would like to resign from the position.


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