How does a guardianship end? Well, there are several scenarios as far as a guardianship is involved. Let’s first talk about what is a guardianship. That’s whenever you have someone appointed to take care of the ward, and the ward does not have all of their rights, as far as that’s concerned. It could be a minor who cannot have the right to contract till they reach of majority, and so you could have a guardianship for a minor who doesn’t have a right to contract. Then you have the incapacitated person who does not, is mentally not capable of executing their documents or they’re found to be incapacitated and therefore someone’s been appointed as their guardian.
Let’s start with how do you end a guardianship for a minor. Well, that’s fairly easy. Once they reach the age of 18, well then you can terminate the guardianship and you turnover whatever the assets are to the ward. That’s how that would end. Then you go to the guardianship where you have an incapacitated person and it can end if the person who’s incapacitated or the ward, if they petition the court and have their competency or competency hearing to show the court that they have their competency, that would terminate the guardianship. That rarely happens, but that is another way to terminate a guardianship.
The most common way, particularly when you have incapacitated person’s, is whenever they pass away, that would end the guardianship. Then the money would then pass to their state or probate proceedings as far as that is concerned. If you have a guardianship or would like some advice, you can contact our office. We have Erica Muns has joined our firm and has some experience with guardianship’s and would be pleased to meet with you and talk to you about the expense, and whether or not it can be terminated. Guardianship’s are court supervised proceedings. They’re closely monitored by the court, particularly the money involved. If you have any questions, give us a call at 727-847-2288.