When someone is unable to care for themselves, guardianship enables one person to provide for them. This arrangement is not unusual to find between two adults, while most are formed between adults and minors.
Guardianships, however, are frequently harmful to the disabled individual. It is therefore helpful to take into account the difficulty of ending guardianship even in the absence of other arrangements.
Legal Guardianship: What Is It?
Under legal guardianship, a caretaker can make decisions regarding their well-being on behalf of another person. For instance, the guardian may approve medical care and choose the child’s school. In addition, they can be in charge of housing, food, and education.
Permanent guardianships and temporary guardianships are the two primary forms of guardianships.
Temporary Guardianship:
Temporary guardianship, as the name implies, usually lasts for a predetermined amount of time, a few months. The court order details the end of the arrangement and how it will happen.
In an emergency, temporary guardianship may be required. For instance, if the child’s legal guardian dies or if there is a situation at home that necessitates the kids temporarily living somewhere else.
Different kinds of temporary guardianships exist. Some demand that the parties appear in court and request a judge’s order. Others don’t always need a court order, but they do need a documented agreement between the parties.
Permanent Guardianship:
A kid under the permanent or plenary guardianship of another person remains an adult in that jurisdiction until the minor achieves the age of majority. This can be suitable if someone has to take on the rights and obligations typically held by parents for an extended period of time. For example, permanent guardianship may help guarantee someone can take care of the child if the biological parent is incarcerated or has a significant disease that prevents them from caring for their child.
How Hard Is It to End Guardianship?
Depending on the type of guardianship, the relevant legislation, and the surrounding circumstances, ending a guardianship may be challenging.
How is Temporary Guardianship Terminated?
When a particular event (such as a parent coming home from the hospital) happens or the court names a permanent guardian, temporary guardianship frequently ends automatically after a predetermined period.
If a party can demonstrate that ending a temporary guardianship early is in the best interests of the child, they may occasionally ask the court to do so. Here are some instances where this might be relevant:
Child abuse or neglect is occurring under the existing guardian.
Due to a change in circumstances, such as losing their job, the temporary guardian is no longer able to provide for the child.
Once more, the parents may take care of the youngster.
A signed agreement to terminate a temporary guardianship early may be possible if the guardian, the parents, or the state, if the kid is in state custody, accepts it.
The individual wishing to cease temporary guardianship may petition the court and explain why they think the guardianship should end sooner if the guardian disagrees. To decide whether to terminate the guardian and, if needed, designate a new temporary guardian, the court will convene a hearing.
How Do You Terminate Permanent Guardianship?
Permanent guardianships are hard to revoke, though several states do allow petitions to modify or end them. In addition to proving the child’s capacity to care for themselves or the incapacity of the present guardian to do so, the party seeking the termination must get the approval of the court.
Generally, courts base their decisions on what’s best for the child, taking into account their family, social, and educational environments. Courts want to make sure the child is happy with their existing guardian and cause as little disruption as possible in their life.
Who Can End a Guardianship?
The procedure for requesting the termination of guardianship varies by state. Generally speaking, if the guardian feels they are unable to provide for the child, they may freely request to have the guardianship terminated. Alternatively, the guardianship can normally be terminated by a court petition from an interested person, such as a family member or the birth parent.
Usually, there needs to be a significant change in circumstances before the person asking to terminate the guardianship can do so. For instance, they could clarify that the guardian is homeless or cannot afford to provide for the child.
When to Consult a Lawyer:
Deciding to end guardianship is not something you do hastily. In addition to abiding by the law, you must consider what’s best for the child.
Since every case is different, you should speak with a knowledgeable attorney if you want to attempt to end guardianship. Once they are aware of the specifics of your case, they may talk you through your alternatives and assist you in the process, enabling the child to have a stable, happy childhood.
Read More:
- Temporary Guardianship Without Court: Comprehensive Guide
- EMERGENCY CUSTODY ORDER: How To Get It In Texas
- What is a Naturalized or Derived Citizen? Important Things You Need to Know
- What does legal guardianship mean for adults with a disability?
- Power of Attorney vs. Guardianship: What You Need to Know
