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Is it possible to terminate a guardianship?

If you have been appointed a legal guardian or have taken on a guardianship of an incapacitated person, you may wish to end that guardianship due to extenuating circumstances beyond your control or a problem with the guardianship relationship. Is it possible to voluntarily terminate a guardianship under Massachusetts law, and if so, how?

Mass.gov provides information on when and how guardianships can change depending on the type of guardianships. Your guardianship may be a standard or permanent guardianship; the type of guardianship will impact both the reasons for guardianship termination and the forms required to petition for removal of guardianship. With a standard guardianship, the guardian may either be removed by the court or one may submit a request to resign. The person who submits the request for removal may be the incapacitated person, or a person concerned about the welfare of the incapacitated person.

With a permanent guardianship, the situation is somewhat different. The first two reasons a permanent guardianship may end involve the death of either the guardian or the incapacitated person. If the guardian dies, another guardian may be appointed. If the incapacitated person dies, the guardian is released from his or her duties. The third occasion involves a reassessment of the incapacitated person's capacity. If a mental or physical health professional determines and certifies that the person is not incapacitated anymore, he or she may petition the courts for a removal of his or her guardian.

Please use this post only as an informational resource; it does not constitute legal advice or counsel.

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