How to terminate guardianship in Florida

Some Florida parents couldn’t imagine terminating guardianship rights to their child or family member. In most cases, the decision to do so is a last resort and reserved for extreme circumstances. Florida guardians might suffer legal consequences when looking to terminate their guardianships. There are a few circumstances in which a guardian can terminate their guardianship without facing repercussions.

Restoring the ward’s rights

People can become temporary guardians if someone loses the ability to make decisions for themselves either by court order or because of a medical condition. If a person regains that ability, then a guardian can look into terminating their rights.

In order to restore a person’s capacity or ability to make their own decisions, a “suggestion of capacity” must be filed with the court. This is a statement that says that the person is able to take care of themselves and there’s no need for a guardian.

Resignation of Guardianship

Sometimes guardians can choose to file a petition for discharge and resignation. This can happen because the guardian has decided they don’t want to be a guardian anymore as long as there’s another guardian that can take over.

A guardian can be forcibly removed if the court determines that they haven’t done their job as a guardian properly. In this case, there might already be a guardian lined up.

Other circumstances

There are a few other circumstances in which guardians can retire their responsibilities or be removed. One of the most common is changing residencies for the person. Before the discharge’s residency can be changed, the guardian must prove that there’s a guardian in the state that they will be moved to. This can be them or someone else in the state. A lot of thought and planning should go into ending guardianship regardless of the reason. Make sure to research thoroughly before making any motion to end guardianship.

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