November 27, 2012 By Paul Wallin

A guardianship of a minor will terminate by the death of the minor or change in status of the minor. Under Probate Code § 1600 (b) the guardianship automatically terminates when the minor turns 18 years of age or upon the minor’s death.  A guardianship will also terminate as a matter of law when the minor is adopted, marries or is emancipated. [Probate C. § 1600(b)]
A guardianship of the minor can also be terminated by court order.  Upon petition of the guardian(s), parents(s), or ward, the court can terminate the guardianship if it is no longer necessary, meaning a showing of overall fitness on the part of a natural parent or parents seeking to end the guardianship sufficient to overcome the inherent trauma of removing a successful caregiver. [Probate C. § 1601]
It is important to be mindful that the death, resignation or removal of the guardian does not terminate the guardianship as the court retains the jurisdiction to appoint a successor guardian.  If the guardian is not willing or able to consent to removal, then a petition to remove the guardian must be filed.  The basis for removal includes failure to perform duties or incapacity to perform duties suitably, conviction of a felony or gross immorality. [Probate C. § 2650]
A guardian can resign at any time but will not be allowed to step down until another guardian is appointed. To appoint a successor guardian, a petition must be filed and should be set for the same day as the hearing for the termination.  If this is not possible, then a temporary guardianship may be necessary. [Probate C. § § 2670 & 2654]
We hope this gives you a basic understanding of how a guardianship can be terminated.  If you or a loved one needs help with any aspect of a guardianship or any type of family law matter, call Wallin & Klarich today, 888-749-7428.  Wallin & Klarich has a team of highly skilled, aggressive family law attorneys ready to take your call 7 days a week, 24 hours a day!  Wallin & Klarich has been in the business of helping people for over thirty years and we would like to help you. Our firm has guardianship offices in  Los Angeles, Riverside, San Bernardino guardianship offices and Orange Counties. We will be there when you call.

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