When someone can no longer care for themselves in terms of making sound decisions for their well-being, a court may assign that person a legal guardian. This assignment requires the guardian to act in the best interest of the person being guarded, and these responsibilities are often financial in nature.
While guardianship can be a serious help to someone in need, a guardianship assignment isn’t necessarily a permanent assignment. In cases where circumstances have changed, and a person can now make sound decisions for themselves, the court that assigned guardianship may need to review the case to terminate the guardianship assignment.
Work With an Attorney
In all cases involving legal guardianship, it pays to have an attorney on your side. Your situation is unique to you, and a guardianship lawyer will need to review the facts and history of your case. Your guardianship lawyer can then help you file a petition with the court to have the guardianship assignment revoked.
Proving You No Longer Require Guardianship
Once you and your attorney have filed a petition, you will need to present evidence that demonstrates you no longer require the assistance of a legal guardian. This can be done in several ways, and your attorney will offer counsel for your situation.
For instance, you may need to get your physician or medical team to testify as to your mental fitness, and financial records may also be required to show a history of good financial decisions with any money you have been allowed to manage while under guardianship. Additionally, character witnesses may need to be called into court to testify on your behalf.
Revoking Guardianship of a Minor Child
It can be more difficult to completely revoke guardianship in cases involving minor children. In such cases, the state may assign a guardian if the current guardianship is reversed. A minor child becomes an adult when they reach the age of 18 in the United States. Until that time, a guardian will likely need to be assigned until permanent care can be established if a child’s parents are unavailable to provide such care.
Disclaimer: The above is for informational purposes only. Consult with an attorney to discuss the specifics of your unique case.
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