Is it Possible to Terminate a Guardianship in California?
A guardianship in California automatically comes to an end when a child turns 18, is adopted or marries into another family, dies before turning 18, or the court decides to end the guardianship. Some of these terminations will end automatically, and others will require a specific court order. For the process of ending a guardianship to take place, the court will make many considerations.
What the Court Considers
Termination occurs when the child’s best interests call for it. For instance, the person who ends the guardianship must be able to prove to the court that the child will still excel even though the guardianship has ended. Before the guardian resigns, there must be a court hearing and you as the guardian must give notice of the hearing to all relatives that were made aware of your initial appointment. If you eventually want the child to live with you again, you must show that you can provide a stable place for the child to live, have a source of income, are fit, or can provide a good home for the child.
If the child is more than 12 years old, they may also have a say in this process. However, you will have to get a judge to agree to these matters. Everyone must agree that, when the judge allows a termination, a guardian must be appointed to the child as a replacement. If there is no replacement, the child will typically become a dependent in juvenile court. These are important matters to consider before you move forward.
Reasons for Termination
A guardian is appointed to care for a child when they are young and cannot care for themselves. However, there are still reasons why termination may occur. Now you can find out these reasons here:
Minor Has Reached Majority Age: If the guardianship is viewed by the court as to the benefit of the child or the child has reached the age of majority, then the state will usually allow for the termination of a guardianship or limited guardianship. Some states even consider automatic termination, but there is a process in California.
Change in Status: A guardianship is originally created as a way for the individual to benefit when they are incapacitated. However, what happens if they die? The need for a guardianship will expire if incapacitation no longer becomes a main issue through death or other reasons.
Court Order: The entry of a court order can sometimes lead to termination. In some cases this occurs because the parental rights are no longer suspended and the parents can once again seek custody of their child. However, this will all boil down to the child’s best interests.
Agreement: What happens if a parent no longer consents to the arrangement of guardianship? Then they can seek a change in the status of the guardianship. In any regard, an attorney may be necessary for this delicate process in California.