VanNess & VanNess, P.A.

Ending guardianships in Florida

Florida residents who ready are to relinquish their guardianship duties should make sure that they take the proper steps. Guardianship duties can be relinquished if the court restores some or all of the ward's capacity or rights. It will be necessary to file with the court a suggestion of capacity that stipulates the ward has the abilities to responsibility exercise the rights that have been taken away by the court.

In cases in which a full restoration of the ward's rights are granted, the termination of the guardian's duties can begin with the completion of certain steps. In situations in which only some of the rights have been restored, it will be necessary for the guardian to submit an updated guardianship plan to the court that addresses the rights that still held by the guardian.

The duties of guardians may also be relinquished in cases in which wards change their legal residence. Authorization must be granted from the court before the legal residence of a ward can be moved to another county or state.

If the authorization is issued for the change of domicile to a different county, the guardian will have to transfer the ward's file to the court in the new domicile. In cases in which the guardian has the authorization to change the domicile to a different state, the guardian can be relieved from guardianship duties in Florida as long as verification is filed in the Florida court that a qualified guardian has been appointed for the ward in the ward's new state.

An attorney who practices estate planning law may assist clients with creating the necessary legal documents to appoint a guardian for their surviving minor children or disabled loved one. The attorney may advise guardians about the legal responsibilities and expectations that come with the role.

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