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WHEN DOES THE GUARDIANSHIP END?

A guardianship is a legal relationship that ends when:

  • The child turns 18, or
  • The child dies, or
  • The child's assets are used up (for a Guardianship of the Estate), or
  • A judge decides the guardianship is no longer necessary.

CAN I RESIGN AS GUARDIAN?

Yes. A guardian of the person or estate can resign. But first, there must be a court hearing. And, you must give notice of the hearing to all relatives who were notified of your appointment as guardian.

You must show the Court that it would be in the child’s best interest for you to resign. If the judge agrees, s/he will appoint a guardian to replace you.

If no replacement is available, the child may be made a dependent in Juvenile Court and the Court will determine with whom and where the child may live.

DO I HAVE TO GO TO COURT TO END A GUARDIANSHIP?

If the child turns 18 and the guardianship ends automatically, you don’t have to go to court. But, for all other situations, you must go to court.

If a Guardianship was granted by the Juvenile Court, the hearing must also be in Juvenile Court.

WHO CAN ASK THE COURT TO END THE GUARDIANSHIP?

The following people can ask the Court to end the guardianship:

  • The child, if 12 or older
  • The parents of the child, or
  • The guardian

DO I HAVE TO FILL OUT COURT FORMS?

Yes. To ask the Court to end a guardianship, you have to fill out:

  • Form GC-255  Petition for Termination of Guardianship
  • Form GC-260  Order for Termination of Guardianship

WILL THE COURT INVESTIGATE?

Yes, usually. A Court Investigator will find out information for the Court regarding the proposed guardians.

HOW CAN I END A GUARDIANSHIP OF THE ESTATE?

You must file a final report and accounting with the Court and ask to be discharged as guardian. If the ward is now an adult, s/he can decide not to ask for an accounting. But you, as guardian, must still give a report to the Court with a statement from the ward that s/he doesn’t want an accounting.

© 2014 Superior Court of Orange County