There are certain situations in which a guardianship agreement may be revoked or reversed. For example, a guardian may be able to get out of their legal guardianship duties if they are no longer willing or able to continue carrying out the duties that are required to care for the individual, called the ward.
Guardianship agreements may also be reversed when the agreement expires. This may occur if a guardian was only appointed on a temporary basis or if a ward’s parents want to regain child custody over their child and the court determines that this would be best under the child’s best interest standard.
A ward can also petition the court to reverse guardianship if they think that the guardian is not performing their duties in accordance with the guardianship agreement. One example is if the ward reaches the age of majority and feels that they no longer require a guardian to make decisions on their behalf.
An additional way that a guardianship agreement may be reversed or revoked is if a third party petitions the court to remove the guardian if abuse or neglect has occurred. For example, assume the guardian was abusive towards the ward, exhibited violent tendencies, or neglected caring for the ward entirely. In that case, a court can intervene to cancel the agreement and appoint a new guardian.
If an individual has any questions regarding reversing a guardianship agreement in California, they should consult with a local attorney in California.
What Is a Guardianship Agreement?
Guardianships are legally formed relationships between an appointed party, or the guardian, and a second individual called the ward. In many situations, the ward is usually a child or a minor who is below the age of majority, typically 18 years of age in most states.
Guardians may also be appointed for adults who have mental disabilities or become incapacitated because of an illness or injury. The purpose of guardians is to provide care and protection for a ward and to make legal decisions on their behalf.
In general, a guardian is typically selected in one of two ways, either by a court or with a legal document called a guardianship agreement. A guardianship agreement is used to transfer certain rights to a guardian which allows them to make important decisions and care for a ward.
Guardianship agreements can be standalone documents, can be incorporated into an individual’s will, or may be drafted as affidavits. In some situations, the party that is appointing the ward may use forms that are provided by a local court or other state agency.
One example of when a guardianship agreement may be necessary is when the parents of a child wish to ensure that their child will have someone who will watch over them if they become unable to care for them. This can occur for many reasons, including:
- Death
- Incapacitation
- Incarceration
- Other issues
It is important to note that the terms of a guardianship may vary by agreement because each ward and appointee will have needs that are unique to their own personal circumstances. This means that even if the parties create a guardianship agreement using the standard forms provided by a court, it is still important to have an attorney review the paperwork.
How Does the Court Decide Whether or Not to Reverse a Guardianship Agreement?
The court that initially appointed the legal guardian, typically a probate court or local family law court, will be the same court that has the authority to reverse or terminate a guardianship agreement. After a ward, guardian, or third party submits a petition for removal, the court will schedule a hearing.
At this hearing, the court will assess the situation and determine whether the guardian is no longer able to carry out the duties that are required by the agreement or if the ward is old enough to make personal or financial decisions on their own without the assistance of the guardian. Depending on the facts of the case, the court will also decide whether a new guardian should be appointed to care for the ward under a new guardianship agreement.
In general, the court is given discretion to decide whether or not to reverse a guardianship agreement. Because every case has unique circumstances, the court will have to review evidence from any parties who are affected by the matter. The court may request proof showing that the ward is able to handle their personal or financial affairs on their own or evidence that the guardian is failing to perform their duties.
Factors that a court may consider when determining whether or not to remove a guardian include, but are not limited to, the guardian:
- Being convicted of a crime;
- Committing fraud;
- Charging improper guardianship fees;
- Refusing to obey court orders;
- Mishandling the ward’s assets or finances.
How Can I Get My Child Back from Guardianship?
The steps that a party has to take to reverse a guardianship agreement will depend on the party requesting their reversal and the laws of the jurisdiction where the request is submitted. Generally, the majority of cases are initiated by filing a petition to terminate the guardianship with the same court that appointed the current guardian.
A petition to terminate a guardianship is a legal document that requests that the court reverse the agreement and revoke the rights that the guardian has over the ward. Other documents may also be required, depending on the local court rules and state laws.
For example, there are some courts that require evidence at this stage showing that a parent is fit to have their child returned to them, such as showing:
- Their financial stability through their bank accounts
- Rehabilitation certificates
- Evidence of a stable home environment
Once all of the proper paperwork is filed in the court and the filing fees are paid, the petitioner will have to obtain stamped copies of their submission from the court clerk. The petitioner has to mail those stamped copies to any interested parties, such as the guardian.
In addition, the petitioner should keep one copy for themselves. Once the documents are mailed, the petitioner has to file proof of service with the court.
The clerk then schedules a court hearing that the petitioner will be required to attend. If it is in the child’s best interests, the court will issue an order that reverses or revokes the guardianship agreement.
If the court decides against them, the petitioner will have the right to appeal the court’s decision. It is important to note that the steps for reversing a guardianship for a child ward may be different than those necessary to terminate an adult guardianship.
Do I Need a California Lawyer to Terminate Guardianship?
If you are interested in reversing a guardianship agreement in California, it is essential to consult with a California guardianship lawyer. Guardianship agreements are considered to be delicate legal arrangements because they provide instructions on how to care for individuals who are considered vulnerable in the eyes of the law, such as children and incapacitated adults.
Your guardianship lawyer can help you draft, review, and submit a petition to reverse or terminate a guardianship agreement to the proper court. Your attorney will also provide legal representation during court proceedings, for example, if the guardian or another party challenges your petition to reverse the guardianship arrangement.
