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How can I terminate guardianship in Florida?

The state of Florida is no stranger to elderly individuals. Many hard-working Americans come to the Sunshine State to enjoy the years of retirement for which they have been carefully saving, and our picturesque beaches, beautiful weather and exceptional retirement communities offer them just the kind of lifestyle they deserve. However, these individuals cannot stay active retirees forever, and many eventually require guardians to oversee their health and well-being.

If you have guardianship of a ward, you do not need to be told how important your responsibilities are. In fact, the responsibilities are so significant that some people are unable to manage them while still seeing to their own lives, which is one instance in which a guardian may wish to resign from his or her duties. There are some other instances in which guardianship may be terminated in Florida, and if you are a guardian, it is important that you know them.

  1. If your ward regains the mental or physical capacity necessary to make his or her own decisions, you could file a suggestion of capacity to encourage the courts to restore the ward's rights and relieve you of your duties.
  2. In some instances, it may be in the best interests of the ward to move to a different county or state, such as if a guardian who is better suited to care for the word lives in said county or state. You could petition the court to change the ward's domicile, resulting in another guardian caring for the ward in another location.
  3. Of course, if your ward passes away, you will eventually be relieved of duty, but not until the courts officially discharge you. Until such a time, you will be required to oversee the ward's assets through theĀ distribution of his or her estate.

There are other ways in which a guardianship may end, and there are certain steps required for nearly all types of termination. These steps generally involve accounting and distributing of finances and fees. If you would like to end your duties as a guardian or feel that it is in your ward's best interests to end your duties, consider contacting an attorney who can help you better understand how to approach the matter with the courts.

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