Circumstances can arise where either a guardian must step down from their position or the guardianship itself must be terminated altogether. Sometimes this is a happy event when a temporarily incapacitated person regains the ability to care for himself. Other times a guardian fails to uphold their duties and must be removed or replaced.
No matter the reasons, changing or terminating guardianship can be a complicated process. Under some circumstances, such as in cases involving a minor, the guardianship can be quickly dissolved. In other cases, the process starts with filing a petition with the same court that granted the guardianship in the first place. The particular circumstances will play a significant role in determining the answer to the question: how hard is it to terminate guardianship?
Notice: Please note that Rebeccah Beller is a Florida attorney specializing in guardianship matters in the state of Florida. Our legal team only handles guardianships within Florida and cannot provide assistance for cases outside of this jurisdiction.
What Is Guardianship in Florida?
Guardianship is a legally mandated relationship between a guardian and a ward. The guardian is a court-appointed individual who makes economic or personal decisions for the ward. The ward is either a minor or an incapacitated adult. Someone is incapacitated if they have been legally determined to lack the capacity to manage their health or property.
Once the court determines that someone cannot care for him or herself, that person can lose certain rights. The guardian assumes several responsibilities toward the ward and gains the ability to make decisions on the ward’s behalf. In all cases, the guardian must act in the ward’s best interests.
Types of Guardianship
There are several types of guardianships in Florida. Every kind of guardianship imposes specific rules and responsibilities on the guardian.
Most guardianships involve parents’ guardianship over minor children. Parents are responsible for caring for and making legal decisions for their minor children. Parents can also appoint preneed guardians to care for their children in case both parents become incapacitated.
Adult guardianships generally fall under three main categories: guardianship of the person, guardianship of property, or guardianship of the person and property. The needs of an incapacitated adult determine the type of guardianship that is selected.
Guardianship of the person gives the court-appointed guardian the authority to exercise specific rights on behalf of the ward. These rights are tailored by the court to suit the ward’s needs. In this relationship, the guardian makes medical or legal decisions that the ward cannot make him or herself, such as the right to decide where to live or regarding medical care.
Guardianship of the property gives the guardian limited authority to make decisions regarding the ward’s property. This authority is subject to strict court oversight. For example, a guardian cannot sell, transfer, or donate the ward’s property without permission from the court.
A guardianship of the person and property gives a guardian broad authority to make a range of decisions regarding the ward’s person and property. Also known as a plenary guardianship, the guardian has complete decision-making authority over the ward in this relationship. Plenary guardianships are also very restrictive and only suited to extreme circumstances.
How to Terminate Adult Guardianship in Florida
There are many different reasons a guardian or ward would wish to terminate a guardianship in Florida. Sometimes the guardian can no longer reasonably fulfill their duties and wants to move on from the guardianship responsibilities. Other times, the ward feels that he or she has regained capacity to independently make decisions. In rare cases, a guardian abuses a ward, and the ward or other interested person must request to terminate the guardianship.
In Florida, there are several circumstances under which guardianship can be terminated. Guardianship can be terminated when:
- The ward has been restored to capacity,
- The ward has died,
- The ward has moved out of state,
- The guardian is unable to locate the ward after a diligent search, and
- The ward’s property has been exhausted.
To end a guardianship, a petition to terminate guardianship form must be filed with the court. A guardian, a relative, or the ward can file a petition requesting that the court terminate the guardianship. Once the petition is filed, the petitioner will need to serve papers to all relevant parties, which may include immediate relatives, and a hearing will be held. During the hearing, the court will determine whether the guardianship will be terminated.
How to Change an Adult Guardianship
Sometimes, rather than being fully terminated, it is appropriate to change the guardianship. For example, a guardian can resign, and the court might appoint a new guardian. A guardian can also be removed for several reasons.
To resign, a guardian must go through a formal court proceeding. During this proceeding, the guardian must show that either the ward’s capacity has been restored or that a suitable replacement guardian is available. If one of these conditions is met, the guardian can step down upon completing a few formalities, such as completing a final report and delivering all the ward’s property and records to the successor guardian.
Florida law states 21 specific reasons for which a guardian can be removed. These reasons include:
- Fraud in obtaining the appointment or completing their duties,
- Conflicts of interest between the ward and the guardian,
- Mismanagement of the ward’s property,
- Incapacity or illness,
- Abuse of power,
- Failure to comply with a court order, and
- Other similar circumstances.
If the ward lacks capacity and a guardian is removed, a successor guardian will be appointed.
How To Terminate Temporary Guardianship Without Court
Most temporary guardianships involve circumstances where primary parents temporarily cannot care for minor children. This type of guardianship is in place for a set duration of time and automatically terminates after the specified period. If parents regain the ability to care for their children earlier than expected, the guardianship can be terminated without a court order so long as the temporary guardian agrees.
Contact Beller Law, P.L. Today
The laws and processes surrounding guardianship can be difficult to navigate. If you intend to terminate or change the terms of guardianship, Beller Law, P.L. can help. Our firm cares deeply about all our clients and fiercely advocates for their rights. Schedule a consultation today, so we can help you with your guardianship needs.