How to End a Guardianship
- 1). Ascertain the reason for termination of the guardianship. Arrange for a final accounting of the ward's property. Calculate the guardian's and attorney's fees through the date of termination and incorporate this information into the final accounting.
- 2). Review the applicable statutes and court rules to determine the necessary paperwork required in your state. Draft a petition seeking termination of the guardianship. Attach the final accounting to it and file the document in the local probate court. Arrange to have copies served on all of the ward's relatives as well as any other interested parties.
- 3). Schedule a final hearing and provide notice to all interested parties. Prepare for possible challenges to the final accounting. If a challenge is anticipated, arrange for the accountant as well as any other essential witnesses to appear at the hearing.
- 4). Attend the final hearing. Provide proof to the court that there is no longer a legal basis for perpetuation of the guardianship. File the final accounting with the court. If there are challenges presented, be prepared to respond to them by presenting either witness testimony or other relevant evidence. Ask the court for an order terminating the guardianship and granting permission to disburse the former ward's assets in accordance with state law.
- 5). Serve copies of the court's order upon all interested parties. Arrange for disbursement of the former ward's assets in accordance with the order.
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