A guardianship can be reversed or terminated in Florida. A guardianship does not officially end until a court issues a final order discharging the guardian. An attorney consultation with a Florida lawyer would help a person understand how to reverse or end the guardianship in their case.
In preparation for the revocation of a guardianship, the guardian should file a final accounting of all financial activities related to the guardianship. If the guardian or their attorney is seeking any fees, they must file a petition with the court in which the guardian files their final accounting. Finally, any remaining assets that have been managed by the guardian must be distributed either to the ward or, if the ward has died, to their probate estate.
What Is a Guardianship Agreement?
A guardianship agreement is a legal document that provides for the transfer of care and responsibility for a person referred to as a “ward” to another person, who is the “guardian.” Guardianships are established for both children and adults under a variety of circumstances.
Parents may draft a guardianship agreement to provide adult care and supervision for their minor children in case the parents become unable to care for their child themselves, e.g., they pass away.
Sometimes a guardianship is provided for in the parents’ will. But it can be a stand-alone document as well. Guardianships are also often created for adults who have a mental disability or are otherwise incapacitated and cannot manage their affairs.
And what is a guardianship? A guardianship is a legal relationship that must be ordered by a court. In a guardianship, one adult, the guardian, as noted above, is granted the right and the authority to make decisions for another person, the ward. The ward might be a minor child under the age of 18 whose parents are unable to give them the care and support the law requires of parents.
Or the ward might be an adult who has become incapable of caring for themselves. A guardianship gives control of a person’s life to another adult designated by a court. Guardianships may become necessary because of the ward’s age, disability, or injury.
Any individual who has turned 18, when a person becomes an adult in Florida, can be appointed as the guardian of a child. But there is more to it, of course. The individual must also be able to provide the proper care and support for the child, including financial support.
They must also have the capacity to make legal decisions on the child’s behalf. If they become guardian of their ward’s estate, they must have the capacity to manage the ward’s financial and other assets.
Generally speaking, a guardian is a person who is either a family relative or a close friend of the ward or the ward’s parents. In cases where a court must appoint an unrelated person, they will often choose someone who has been recommended by a state child welfare program. A guardianship might be temporary, or it might be a permanent guardianship that lasts for the rest of a person’s life.
A voluntary guardianship of a child is an option in Florida. The individual seeking the guardianship would have to file a petition and obtain court approval. The biological parents of the child would be given notice of the court hearing on the petition and would be able to appear and participate in the hearing.
The guardian would have to be a suitable person, such as a close family friend or relative. The court would primarily consider whether the guardianship would serve the best interests of the child.
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How Does the Court Decide Whether or Not To Reverse a Guardianship Agreement?
The situations which would serve as grounds for terminating a guardianship are as follows:
- An individual who was given a guardian because they were disabled may recover from their disabled status. Their capacity to care for themselves may have been restored.
- The guardian cannot locate their ward despite having conducted a “diligent search.”
- A guardian who has control of the ward’s property is no longer needed because the property has been “exhausted.”
- The ward has moved to another state or country, so it is no longer within the jurisdiction of Florida.
- The ward has passed away.
If the ward has recovered from their disabled status, the process of terminating the guardianship begins with the filing of a “Suggestion of Capacity” with the court that supervises the guardianship. The judge then appoints a physician to examine the ward and report their findings to the court.
The court reviews the physician’s report and any other relevant evidence and then decides to fully or partially restore the ward’s legal rights. If the court determines that a full restoration of the ward’s legal rights is warranted, it directs the termination of the guardianship.
When another individual seeks to remove one guardian, possibly so that another may be appointed, it is known as “removal.” Under Florida law, another person may seek to remove a guardian for such reasons as the following:
- Fraud: Fraud at the time of appointment of the guardian whose removal is sought
- Abuse of Power: Abuse of their powers by the guardian
- Disobedience: The guardian’s disobedience to a court order
- Wasting Property: Wasting, embezzling, or mismanaging a ward’s property
- Felony Conviction: Being convicted of a felony
- Illness or Incapacity: Becoming incapable of serving as a guardian because of an illness or incapacity.
A person seeking removal of a guardian or the termination of a guardianship would be well advised to seek legal representation.
In determining whether to remove a guardian whose ward is a minor, the court considers additional factors as follows:
- The Well-being of the Child: The court’s main priority is to ensure that the child continues to live in a safe, healthy environment in which adults address its needs. The court looks at the guardian’s health and how it affects the child. For example, if a guardian’s illness disrupts the child’s routine or puts them in danger, a court would give great weight to this factor.
- The Guardian’s Health: The court closely examines the severity of a guardian’s health issues and the effect they have on the guardian’s ability to care for the child. If the guardian cannot provide basic care, e.g., meal preparation, the court is likely to terminate a guardianship.
- Alternate Caregivers: The court needs to know if another suitable person is available to assume the guardianship of the child. The court would want someone capable of providing the necessary care and stability. Possible alternatives might be a relative, family friend, or foster guardian if they meet the court’s standards.
How Can I Get My Child Back From Guardianship?
Biological parents can petition to terminate the guardianship of their biological child and restore their own parental rights if their situation has improved, e.g., they have recovered their own capacity to parent their child.
In terminating the guardianship of a minor, the parents would have to prove that restoring their parental rights would serve the best interests of the child. They would have to prove they have recovered their capacity to meet the child’s physical and emotional needs.
What Are the Steps To Reverse a Guardianship Agreement?
As noted above, someone who wants to reverse a guardianship must go to court and get court approval. The court would expect them to prove that the grounds exist for the reversal. A court would grant reversal if it determines that reversal has been justified by the evidence. In the case of a ward who is a child, the reversal would have to serve the best interests of the child.
How Long Does It Take To Terminate Guardianship?
It is impossible to say as every case is unique; however, generally, the termination of a guardianship would take several months.
Do I Need a Lawyer To Reverse a Guardianship Agreement?
If you need to terminate a guardianship, you need to consult a Florida guardianship attorney. LegalMatch.com can quickly connect you to a lawyer who can review your case and advise you on the best pathway to seek termination of a guardianship.
