Family & Safety

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Changing adult guardianship

Guardianship is when one person makes decisions for another person who can't make decisions for themselves. A judge creates a guardianship when someone files a petition. If someone wants to end or change the guardianship, a judge also needs to be involved in that.

There can be several reasons why someone wants to change or end a guardianship:

  • The guardian can no longer be a guardian due to death, relocation, or other reasons;
  • The guardian fails to do their job as a guardian by either not doing anything or making bad decision;, or
  • The person subject to guardianship no longer needs the guardian or doesn't need the guardian to do as much.

If you want to change or end a guardianship, you will have to file a petition with the court where the guardianship started. You must be the person who is subject to guardianship, a family member, or some other interested person. This means the guardianship has to affect you in some way.

The judge will read the petition, hold a hearing, and make a decision. They might change the current guardianship, end it, or leave it as it is. If the judge thinks it's best for the person needing a guardian, they might appoint a new guardian to take over. If you ask for a new guardian, the judge will require that person to complete a training program once they are appointed.

If you want to file a petition to end or change a guardianship, contact the circuit clerk in your county to find out what the process is for modification of guardianship order.

 

Last full review by a subject matter expert
July 08, 2024
Last revised by staff
August 29, 2024

Worried about doing this on your own?  You may be able to get free legal help.