A guardianship can terminate in a variety of ways, however it will never end automatically. Many circumstances may lead a guardian to desire to end their appointment as a guardian, and oftentimes a ward or loved one may also wish to terminate the current guardianship. Guardianship termination is available and is often granted, however different circumstance may create variances in how to achieve termination. Regardless of the subjective reasoning, the court will ultimately make the decision based on the petition and testimony provided at a hearing if necessary.
Restored Capacity or Change in Appointed Guardianship
Sometimes a ward may no longer need a guardian and an established guardianship is no longer applicable. If this becomes the case and a ward has regained their capacity or capability to care for themselves in appropriate and necessary ways, a guardianship may be terminated. If a ward is no longer impaired, he or she or the appointed guardian may submit a petition to the court requesting for the guardianship to be legally terminated.
Also, instances of change in guardianship may arise on behalf of the ward or the guardian themselves. For example, a guardian may no longer wish to continue their role, no longer feel capable or feel it is not in their best physical or emotional interest. Family members of the ward may feel the current guardian is not fulfilling his or her role properly and may file a petition to terminate the guardianship in order to appoint a new or more suitable guardian. Any of the aforementioned parties has the ability to file a petition for termination and the judge will make a decision based on his or her findings and the testimony heard during the hearing.
Death or Age of Majority Reached
If a ward has died guardianship is no longer necessary and termination can be granted through petitioning the court. A petition can be submitted at any time requesting that the court grant termination for specific listed reasons depending on circumstance. Once the court has granted the termination, the judge will enter appropriate and applicable orders legally ending the guardianship and relieving the guardian of his or her duties. This is also the case for when a child reaches the age of majority, which in Kansas is eighteen years old. A caveat exception exists if the child was determined to be a child with impairment, in which case their guardianship needs may continue into adulthood.
Contact an Experienced Kansas Guardianship Attorney Today to Terminate Guardianship
If you wish to terminate the current established guardianship for a variety of reasons but are unsure how to proceed, our firm can help. Kansas Guardianship Attorney Tom McDowell has decades of experience helping families handle their guardianship cases and looks forward to assisting you with yours. Contact McDowell Chartered Legal Services today at (316) 269-0746 to see how we can efficiently assist you in terminating the current guardianship.
