Guardianship When Will a Guardianship Terminate?

A guardianship may terminate several ways: when the child turns 18, becomes emancipated by court order, gets married, joins the military, dies before turning 18, or is adopted.  (See Probate Code 1515; Probate Code 1600.)  The court may also order a termination on its own motion, i.e., if the court determines the legal parents are now able to take care of the child.  (Probate Code 1601.)

If the termination is not because of death or because the child becomes a legal adult, the court will consider whether terminating the guardianship is in the child’s best interest.  (Probate Code 1601.)  If the court grants the current’s guardian’s request to resign but determines that the child still needs a guardian, the court will appoint another guardian.

The guardian, the child’s parents, or the child (if he or she is over 12 years old) may request that the court terminate the guardianship.  (See Probate Code 1601.)  In these cases, the court will hold a termination hearing to determine whether to terminate and, if so, whether to appoint a new guardian.

If you or someone you know wants to become a guardian, you will need an experienced Southern California family law lawyer to assist you in the process.  At Wallin & Klarich, we have helped people with guardianships for over 30 years.  Call us today at (888) 749-7428. We will be there when you call.