• <Frye, Fortich & Garcia, P.L.

    Blog

Can I have a guardianship terminated?

On behalf of Law Offices of Frye, Fortich & Garcia, P.L. | Sep 14, 2016 | Guardianships & Conservatorships

Guardianships can be critical for people who need help managing certain matters for reasons including age or incapacity. When in place, a guardianship can protect a ward’s medical care, legal rights and financial well-being. 

As important as guardianships can be, they can and do become unnecessary for many people at a certain point. In this post, we will look at why guardianships can be terminated and what options you have if you are either the guardian or the ward looking for a change.

As noted in this FindLaw article, some common reasons why a guardianship could be terminated include:

  1. A ward regaining or developing the capacity to take over a guardian’s duties
  2. A guardian or ward moving out of state
  3. The guardian wanting to resign or needing to be removed for breeching his or her duties
  4. A lack of assets that need protection because they have been extinguished
  5. The ward passing away

In these scenarios, it may be wise or necessary to terminate a guardianship. In some cases, the guardian’s responsibilities may be transferred to another guardian or they may be taken over by the ward.

If you are a ward or guardian looking to have this relationship terminated, you need to know that you cannot just end it yourself. You will need to have a court approve

What Our Clients Are Saying

  • I have known and worked with Austin Frye and his team since 2008. In that time he has helped serve both my business and personal legal planning needs. From guidance on reviewing and keeping shareholder and state documentation up to date... — Robert
  • I have known and worked with Austin Frye and his team since 2008. In that time he has helped serve both my business and personal legal planning needs. From guidance on reviewing and keeping shareholder and state documentation up to date.. — Robert
  • It is difficult enough to cope with the emotional challenges of closing a parent’s estate, and when you are also faced with the issue of your parents having insufficient documentation, and being remote from your siblings... — Zara L.
  • Austin Frye provided legal services to my father while alive and to his estate after his death; when showing the EP docs his firm prepared to other professionals (lawyers, financial advisors, accountants)... — Mark S
  • I’ve been a client of Austin Frye’s for over 10 years. In that time, he’s handled my estate/trust planning and asset protection as well as complicated business deals. — Leslie
  • Mr. Frye recently set up a complicated special needs trust for my son and, as usual, did a great job explaining it and in putting our minds at ease about our son’s future well-being. — Dr. Howard

Read more ...

NYSBA
massachusetts bar association
The Florida Bar
CFP
Florida Bar
AFELA
Florida Bar
NAELA
map

Get In Touch With Us

20900 W. Dixie Highway
Miami, FL 33180
Phone: 305-931-3200

Subscribe for valuable legal updates

© 2024 by Law Offices of Frye, Fortich & Garcia, P.L. All rights reserved. Disclaimer | Privacy Policy | Site Map


Contact Us
305-931-3200