Adult guardianship is a legal arrangement that is intended to protect individuals who cannot care for themselves or their property. It grants legal decision-making authority to another individual (the “guardian”) who is authorized to make decisions on behalf of the “incapacitated person” or “ward.” The guardian supports and protects the incapacitated person by making important life decisions and helping them manage their finances, healthcare, and other daily responsibilities; however, there are times when guardianship is no longer necessary and it’s time to end it.

Terminating guardianship is a complex legal process that requires court involvement. While it is possible to end an adult guardianship without legal representation, working with an experienced guardianship attorney increases the likelihood of a successful outcome and can help avoid costly procedural errors.

Maryland guardianship laws are complex, and specific legal requirements apply. An experienced guardianship attorney can gather the necessary documentation and evidence and present it in a compelling and effective way to prove that guardianship is no longer needed. A guardianship attorney can anticipate potential objections from the court or other interested parties and, when representing the ward advocating for their rights and when representing a guardian or interested person to protect the guardianship estate and ward.

When and Why Would an Adult Guardianship Be Terminated?

Terminating guardianship of an adult may be necessary when the incapacitated person regains legal capacity, the need for guardianship ends, guardianship never should have been granted, or when a less restrictive option to guardianship becomes available.

Terminating a guardianship is different from removing a guardian. Termination means the guardianship ends and the ward no longer has a guardian. Removal of a guardian means the guardian is either no longer able to serve as guardian or fails to fulfill (or worse yet, abuses) their guardianship and needs to be removed and replaced.

One of the most common reasons to seek termination of an adult guardianship is that the ward has regained legal capacity and can make their own decisions. This could happen if the ward recovers from a traumatic brain injury, after successful treatment of a mental health condition, or because the ward’s cognitive condition or health improves.

Sometimes the need for guardianship ends, for example when all property of the ward has been converted to cash, spent for their benefit, and only social security or other public benefits remain to be paid. At that point, less restrictive alternatives like representative payee accounts and reporting to social security become options and guardianship can terminate.

Although rare, sometimes adult guardianship should never have been established in the first place. In this situation, the guardian, ward, or another interested party can seek termination of adult guardianship. Examples are when a ward consents and later changes their mind or additional, compelling evidence comes to light.

Termination may be necessary when, with time, less restrictive alternatives to guardianship become viable options. This may occur with young adults, who with time and skill building, become able to participate in assisted decision making. Or when someone with traumatic brain injury recovers to the point of having legal capacity to sign powers of attorney.

On the other hand, removal of a guardian may be necessary if the guardian is mistreating, neglecting, or exploiting the ward. Instead of terminating the guardianship, this results in replacement of the guardian.

Guardianship should be viewed as a last resort. In some situations, less restrictive options like a trust, a power of attorney, or supported decision-making can support the ward in a less restrictive way and are more appropriate than a full guardianship.

Who Can Seek to Terminate Guardianship of an Adult?

The ward, the guardian, the ward’s family members, or another interested party can institute legal proceedings to terminate adult guardianship.

How to Terminate Guardianship of an Adult?

The ward, the guardian, or an interested party can petition the court to terminate the guardianship. The individual seeking to terminate the adult guardianship must identify the reasons they believe it is necessary and appropriate to do so. The court will hold a hearing, take evidence, and issue a decision on whether to terminate the guardianship.

The individual who files the petition must present evidence in support of their petition to terminate adult guardianship. The evidence presented will vary depending on the grounds for terminating the guardianship. For example, if the ward regained mental capacity, the petitioner will need to present medical evidence to support this claim. Similarly, if the ward can now manage their own financial affairs, the court may require detailed financial records to prove this fact.

Generally, the petition to terminate adult guardianship must be filed in the court that granted the guardianship. The individual who files the petition must notify all interested parties and prove to the court that notice was properly served.

The court will schedule a hearing or trial date to review and decide the petition. Attendance is mandatory for the petitioner, and may also be required of the ward and the current guardian. The court will evaluate the evidence, which may include medical evaluations, financial records, witness testimony, and other relevant information.

Once the hearing is complete, the court will issue its ruling.

Do I Need an Attorney to Terminate Guardianship of an Adult?

You are not legally required to hire an attorney to terminate an adult guardianship. However, terminating an adult guardianship can be complicated. Working with an experienced guardianship attorney will help you avoid expensive procedural errors and other mistakes, increasing the likelihood of a successful outcome.

How an Attorney Can Help Terminate an Adult Guardianship

Adult guardianship attorney Lindsay Parvis has been helping Maryland families navigate major life changes for more than 20 years, and is pleased to offer comprehensive legal representation in adult guardianship proceedings. She approaches each case with care and sensitivity and can help you evaluate whether terminating an adult guardianship is in the best interest of the ward. She can help you determine whether you have legal grounds to seek termination of an adult guardianship and develop a strategic approach tailored to your unique situation. She will steer you through compliance with applicable filing, service, and evidentiary requirements, and will organize and present evidence in a compelling way that is designed to achieve optimal results. Ms. Parvis can also advise you on less-restrictive alternatives to adult guardianship and help you establish alternative arrangements to ensure the ward’s safety and well-being.

Contact Maryland Adult Guardianship Attorney Lindsay Parvis Today

Contact Lindsay Parvis today to schedule an appointment to discuss your options and take the first step towards terminating an adult guardianship.