In Kansas, an adult or a minor child may be assigned a guardian through the court system. The incapacitated individual, also known as a ward, may benefit from a guardian’s care if his or her parents are unfit or unavailable, or if he or she is an adult who requires assistance due to a physical or mental impairment. In many instances, a guardian may not be permanently necessary and therefore a guardianship may need to be terminated, or dissolved. Whether the ward, the guardian, or a third party brings this action, there are a variety of ways to achieve a dissolution or termination of guardianship. Some types require a court hearing, while other options may not, depending on the circumstances.
Automatic Termination of Guardianship
There are limited incidents that result in an automatic termination or dissolution of a legal guardianship, however when this occurs there is no hearing requirement. A guardianship may end on its own if the ward is a minor child who reaches the age of majority, or eighteen. The court and the laws of Kansas feel if and when a minor reaches the age of majority they are capable of taking care of themselves and no longer need the assistance of a guardian. However, there may be exceptions if the child has a disability or impairment that requires the continuation of guardianship past their eighteenth birthday. Another uncommon, yet noteworthy type of termination that does not require a hearing occurs if the minor is declared legally emancipated for reasons of marriage or military service, according to Kansas law. The other instance of termination without a hearing occurs when the ward passes away, and therefore a guardianship is no longer necessary and is automatically dissolved.
Restoration of Capacity or Resignation
Although there are forms of dissolution that do not require a hearing, if a guardian wishes to resign or a ward’s capacity is restored, a hearing is required and the judge must issue an order of termination. Both instances also require that a petition be filed with the court in order to initiate the process and schedule a hearing. Both forms of dissolution require evidence either showing the ward’s capacity has been restored and they are capable of self-care, or the guardian must state why he or she no longer feels fit or unwilling to continue in the guardianship position. Required evidence typically involve facts of abuse or financial incapability on behalf of the guardian. If granted, the court will relieve the guardian of their duties and assign a successor guardian to step into the role to ensure the ward is cared for.
Contact Kansas Attorney Tom McDowell to Handle Your Guardianship Dissolution Matter
If the circumstances of your guardianship have changed and you feel a termination needs to take place, our law firm can help. Our qualified team and experienced family law staff understands the needs and process surrounding guardianship and will ensure your matter proceeds successfully and efficiently. Call Kansas Guardianship Attorney Tom McDowell at McDowell Chartered Legal Services today at (316) 269-0746, and see how we can effectively help you dissolve your current guardianship.
