Answers to the Question, When Does Legal Guardianship End?
When does legal guardianship end? Legal guardianship is the responsibility of a parent or legal guardian. In most child abuse or neglect cases, it is the parents that end up being the custodial parent. This is not always the case. In a child custody case, where there has been no court-ordered guardianship, the decision to have a guardianship terminated can be up to the court.
The courts have several different methods when it comes to determining when doing legal guardianship end. The first is through a motion made by one of the parents. This is called a motion for a change of custodial status. This motion can be made to the court and can make it to the family court judge. This is done when the court determines that there needs to be a change made to the child’s placement.
There is also a non-judicial means when doing legal guardianship end. If a court ordered the ward’s placement in a foster home, then the guardian will become the ward. If the guardian is no longer available, the court may refer the situation to a jury who can determine who will be the ward. The jury will then determine the placement and care for the child.
In some cases, the court will decide that award has moved away and that they will make the placement based on the child’s age, the mental health of the child, and if the child is a minor. We will also make the order based on if the person who is supposed to be the legal guardian is dead or cannot appear at all of the hearings. Once all of these situations are handled, then the case will be closed. If you are a parent, then you need to discuss your options with your attorney. Your attorney will tell you what you can do if you can no longer appear as your legal guardian.
Another situation when doing legal guardianship ends, you become very ill and cannot care for your affairs. If you become very sick, you will have to hire a full-time caregiver who can help take care of you and your children. This is known as guardianship and will need to be handled in the same way that would drive any other case. Your legal custody ends once you are no longer able to care for yourself and the children. You will need to discuss this with your attorney.
It can also end when you become mentally incompetent. If you cannot perform the essential functions of life, you could lose your legal guardianship. This happens more than you might think and is a big concern for anyone who has it. You need to talk to your attorney about this to see if there is anything you can do about it.
Another common reason when doing legal guardianship end is when one or both parties die. This can be handled in probate court and is not the same as being incapacitated. Probate court does not allow people to be appointed guardians unless there is medical testimony that they can stand to do the job and a thorough investigation into the person’s affairs. Legal guardianship will only end when one party either deserts the others or when the court says that it can’t find one or that person doesn’t have the mental capacity to take care of themselves. This ends the guardianship immediately.
There is also the possibility that the guardianship ends due to a power of sale. This happens when the person who has been chosen to be the legal guardian is unable to fulfill their duties. This can occur when a person deserts the parents or when an insanity claim is filed. It can also happen when a power of sale is challenged. When this happens, it ends the legal guardianship immediately.