A guardianship ends when one of these things happens:
The child turns 18;
The child is adopted, marries, enters the military, or gets declared an adult (emancipated) by court order;
The court ends the guardianship;
A different person (successor guardian) becomes the guardian; or
The child dies before turning 18.
Who can ask the court to end a guardianship?
The child, if 12 or older,
The parents of the child, or
Do I have to ask the court to end the guardianship?
The guardianship automatically end when the child turns 18, or if he/ she is adopted, marries, enters the military, is emancipated or dies. In all other cases, you have to go to court to end a guardianship.
Can I resign as guardian?
A guardian can resign. But first, there must be a court hearing. And, you must give notice of the hearing to all relatives who were notified of your appointment as guardian.
You must show the court that it would be in the child's best interest for you to resign. If the judge agrees, he/ she will appoint a guardian to replace you. If no replacement is available, the child will probably be made a dependent in Juvenile Court.
How do I ask the court to end the guardianship?
Fill out these forms. Then take your original plus 3 copies to the clerk's office in your courthouse.
Petition for Termination of Guardianship, Form GC- 255
Notice of Hearing (Guardianship or Conservatorship), Form GC- 020
Order for Termination of Guardianship, Form GC- 260
Any other forms your local court requires. Ask the court clerk or self-help center to make sure you have all the forms you need.
Do I have to "give notice" that I want to end the guardianship?
Yes. You have to give notice by mail to all the people that got notice when the case started. (When the guardianship was filed.)
You must give notice at least 15 days before the hearing.
Do I have to "give notice" to relatives who agree to ending the guardianship?
No. Just ask them to sign the back of the Consent and Waiver, Form GC- 255
Do I have to go to court to end the guardianship?
Yes. Go to court on the date of your hearing. Fill out the Order for Termination of Guardianship, Form GC- 260
If the court decides to end the guardianship, the judge will sign this form. Make sure you file this form after the judge signs it.
What does the judge consider before ending a guardianship?
The person asking to end the guardianship must be able to prove to the court that this is in the child's best interest. If the parent wants the child to live with him or her again, the judge will want proof that the parent:
has a stable place to live;
has a source of income;
is "fit" or has been sufficiently rehabilitated, and
can provide a good home for the child.
Remember that if the child is more than 12 years old, what he or she wants and with whom he or she wishes to live will be taken into account.
How can I end a Guardianship of the Estate?
You must file a final report and accounting with the Court and ask to be discharged as guardian. If the child is now an adult, s/he can decide not to ask for an accounting. But you, as guardian, must still give a report to the court with a statement from the child (now adult) that s/he doesn't want an accounting.
Fishel & Fishel, Attorneys at Law is a Law firm serving the Contra Costa County are including the Northern California East Bay communities of Alameda, Albany, Antioch, Benicia, Berkeley, Brentwood, Byron, Castro valley, Claremont, Concord, Danville, Dublin, El Cerrito, El Sobrante, Emeryville, Fairfield, Fremont, Hayward, Hercules, Lafayette, Livermore, Martinez, Montclair, Moraga, Oakland, Oakley, Orinda, Piedmont, Pinole, Pittsburg, Pleasant Hill, Pleasanton, Point Richmond, San Leandro, San Pablo, San Ramon, Union City, Vacaville, Vallejo, Walnut Creek. We have over 18 years experience in the practice of Family Law covering Child Custody, Juvenile Law, Divorce, Dissolution, Personal Injury, Criminal Defense.