In general, termination of guardianship can be achieved by filing a petition with the Court seeking discharge or termination. If you are the guardian, you can file a motion for annulment or termination. Can a guardianship be annulled? Guardianship agreements can be revoked or annulled situations. A guardianship agreement, in several cases, alone can end without the need for the court of law to seek an annulment.
If it turns out that the conservatee is an adult, you can ask the court of law to revoke the guardianship agreement. Before a Guardian Is Appointed After a guardian is appointed, ask the court to annul the guardianship & Start over. A petition for termination of guardianship is legal documentation that asks the court to revoke the agreement and dissolve the rights a guardian has over your ward. The court that initially appointed the legal guardian (usually a local family law or probate court) is also the same court that ultimately has the authority to set aside or rescind a guardianship agreement.
If circumstances dictate a change in guardianship, the guardian must provide testimony or evidence as to why the relationship is no longer feasible. A parent can recover guardianship rights by revoking the original guardianship or by seeking a legal court order for that situation. As with all court decisions involving children and minors, the decision to end a guardianship and appoint a new guardian or allow children to move back in with their parents focuses on whether doing so is beneficial to the children. A ward can also ask the court to revoke a guardianship agreement if they believe that a guardian is not performing their duties in accordance with the agreement.
As mentioned above, the court will determine if revoking the guardianship agreement is in the best interest of the conservatee at the hearing. Usually, the court appoints a guardianship attorney during custody and visitation disputes to act as an advocate for the child or children, to ensure that their best interests are represented during divorce proceedings. The steps to set aside a guardianship agreement will depend on the person seeking the annulment, as well as the laws of the jurisdiction where the request is filed. You will have the necessary powers as a guardian; however, guardianship does not begin until the parent authorizes it.
As for the process of obtaining legal guardianship in New York, paperwork can be completed in family court or in the surrogate mother's court. Evidence must be presented to provide the judge with sufficient information to make a decision on whether to terminate the guardianship. There are different ways to oppose a guardianship depending on whether or not a judge has signed an order appointing someone as a guardian. In many cases, guardianships are supported by biological parents, but as their living circumstances change, they may want to regain full custody of their children.
There is also a form that every legal guardian must complete once a person is appointed in the court of law as a legal guardian.
