If you are currently an appointed guardian of an adult or a minor in Kansas, or you are a ward who wants to learn how to terminate your current guardianship, there are a variety of options. Some individuals may no longer need a guardian, have a guardian who is mistreating them or a current guardian may no longer wish to serve as a ward’s guardian. In order to terminate a guardianship, certain criteria must be met to legally reassign or remove the rights and responsibly of an appointed guardian.
Regained or Restored Capacity
If an individual who has been previously declared incapacitated feels they have restored or regained their capacity, they may petition the court to reevaluate their needs. The court will examine the petition, any relevant evidence or testimony, most likely during a hearing, and make a ruling. The ruling will be based on a totality analysis and will conclude with whether or not the judge feels the ward remains incapacitated or no longer needs the assistance of an appointed guardian. When the judge makes his or her decision they will re-issue a new order stating the termination of the current appointed guardian based on the restoration of the ward’s capacity. If there is clear and abundant evidence that the ward still remains incapacitated, the court will not issue the termination Order and the current guardianship will remain in place.
Reach Age of Majority
Another way a guardianship may be terminated pertains to the legal appointed guardianship of minors. If a minor child has an appointed guardian and they reach the age of 18 (majority), the guardianship is automatically terminate and no hearing is required. There is an exception however, where the guardianship will not automatically be terminated if the now adult is impaired and requires ongoing assistance to maintain their mental or physical health and well-being. Additionally, if the child is declared emancipated they are also no longer in need of an appointed guardian. A child may be emancipated by way of marriage or military service.
Removal or Resignation
If a current guardian no longer wishes to be appointed as guardian, they can file a petition to resign from the role or reassign their duties. A petition can also be filed by the ward to remove the guardian or resign from the appointment. If a guardian petitions to resign from the role of guardian, the court will likely assign a successor guardian to replace the resigning guardian, unless the ward is no longer “impaired” or in need.
How Experienced Kansas Attorney Tom McDowell Can Help With Your Guardianship Termination
Whether you wish to resign as an appointed guardian, or you are a ward who wishes to petition to remove your current guardian, we can help. Our qualified legal staff has helped many clients successfully terminate their guardianship and we look forward to offering you the same valuable service. Call Kansas Guardianship Lawyer Tom McDowell at McDowell Chartered Legal Services today at (316) 633-4322, and see how we can effectively assist you in your guardianship matter.