Termination of guardianship

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Updated: 4/13/2007 3:35 pm
A guardianship ordinarily lasts until the child reaches legal age, the child dies, or a judge determines that a guardianship is no longer necessary. If the guardianship was set up solely for the purpose of handling the child's finances, a guardianship may be terminated when the child's assets are used up. If a guardian decides he or she doesn't want to accept responsibility for the child, or if a guardian is unable to continue with his or her duty, he or she many step down from the role with permission from the court. A judge would then appoint a replacement guardian. If a third party feels that a guardian is not living up to his or her responsibilities, he or she may request that the guardian be removed. Guardianship is established with the best interests of the child in mind, and if a child must be removed from a negligent or abusive parent, then a child should be removed from an abusive or negligent guardian, as well. A request to remove a guardian should be made to the same court that originally appointed the guardian, or in a court in the county where the child now resides. A hearing will be scheduled within 28 days to determine whether the guardian should be replaced or not.

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