What are the Steps Required to Terminate Guardianship?Īll sections must be filled out accordingly. Anyone can file the papers-relatives, guardian, subject of the guardianship-and ask a judge to see if guardianship is still mandatory. If you are seeking to terminate a guardianship, it will require a court hearing in many cases. If the court decides, after considering the complaint, that it was created without justification or meant to harass the other party or delay proceedings, the court may impose sanctions, including awards of attorney fees, court costs, or other appropriate relief.

Order another action, at the court’s discretion, in addition to one of the previous actions and.

Delay the consideration of the complaint until the next scheduled hearing on the guardianship.

Direct the guardian to give a written report to the court on matters raised in the complaint.

Dismiss the complaint without scheduling a hearing if it shows that the complaint is frivolous, without merit, filed in bad faith or for an improper purpose, or is regarding issues that the court has already decided.

Appoint a guardian ad litem to investigate the issues raised by the complaint.

Direct the court clerk to schedule a court hearing about the complaint.

Within 14 days of being presented with the complaint, the court needs to enter an order to do one or more of the following: What Happens After a Request is Made to Modify or Terminate Guardianship?Īfter the court clerk, administrator, or guardianship monitoring program receives the written complaint, they must deliver the complaint to the judge the next day when the court is in session.

What Are the Steps Required to Overturn a Guardianship Agreement?.

What are the Steps Required to Terminate Guardianship?.

What Happens After a Request is Made to Modify or Terminate Guardianship?.

Any circumstances that have changed since the guardianship was put in place.Reasons why the guardianship should be changed or terminated and.Where and when the guardianship was created.The duration the guardianship has been in place.The name and address of the person making the complaint įurthermore, there need to be facts supporting the complaint, such as:.The name and address (if available) of the person who has a guardian and.The court case number of the guardianship (if available).The written complaint must include the following: A person drafting a complaint can write a letter instead of using this form. A guardian complaint form can be located on the Washington Courts website. If the individual does not have an attorney, the individual may submit a complaint to the court addressed to the clerk, the court administrator, or the guardianship monitoring program instead of filing a motion. However, a person making the request is not mandated to have a lawyer for this procedure. If the person seeking the request has a lawyer, the lawyer must file a motion in court. Two doctors need to certify that the person is competent, and any request to end a guardianship on the grounds of competency of the adult has to be supported by two letters from two doctors stating the ward is competent indeed.įor instance, in the state of Washington, any person can request the court in which a guardianship was created to order the termination or modification of the guardianship or replace the guardian with a new guardian. Competency: This only applies if the ward is now an adult who is both competent and able to manage their daily affairs.Moved Out of State: A guardianship may end if the ward has moved to another state and the guardianship has been received in a new state and.Parents Will Care for the Child: Guardianships can be closed if the ward is a child and the parents are now able to care for them.Age of Majority: This only applies if the ward was a child who has now turned 18.A hearing is needed to approve the final accounting and close the case Death: When the ward passes away, a final accounting is required to close a guardianship over an estate.As another example, a court may limit guardianship if the incapacitated person only requires help in certain areas of life, such as personal finances.īelow are some scenarios of why an individual may choose to terminate a guardianship: For instance, a court can end a guardianship if it discovers that the incapacitated person can care for themselves and their property. Are You a Lawyer? Grow Your Practice What Are Some Reasons to End or Limit Guardianship?Ī court can terminate guardianship when guardianship is no longer needed.

What will a guardianship paper