Scottsdale Divorce Lawyer | Owens & Perkins, Attorneys at Law

Termination of Guardianship or Conservatorship

Generations Representing Generations

Termination of Guardianship or Conservatorship

A Personal Representative, Guardian and/or Conservator may be terminated in two general circumstances: First, the underlying Guardianship and/or Conservatorship is no longer necessary; and second, the Court has determined that there is cause to remove the Guardian and/or Conservator.

In the first case, some Guardianships and/or Conservatorships naturally conclude when the Ward reaches 18 years old. These are situations when a child has lost their parents, or has been injured in a collision and needed a Conservator to oversee funds awarded in a settlement or lawsuit. Another instance is if someone has had a Guardian appointed due to drug or chemical dependency, and has successfully undergone treatment and is deemed by the Court to be competent to manage their own affairs.

The second case, removing a Guardian and/or Conservator for cause, is more difficult and contentious. A Court may remove a Guardian and/or Conservator if it is proven that the Guardian and/or Conservator is no longer complying with their legal duties. This can be from something relatively simple like failing to file an annual report, to much more egregious things such as abuse, neglect, or fraud.

Termination of a Personal Representative, Guardian and/or Conservator

A Personal Representative, Guardian and/or Conservator may be terminated in two general circumstances: First, the underlying Guardianship and/or Conservatorship is no longer necessary; and second, the Court has determined that there is cause to remove the Guardian and/or Conservator.

In the first case, some Guardianships and/or Conservatorships naturally conclude when the Ward reaches 18 years old. These are situations when a child has lost their parents, or has been injured in a collision and needed a Conservator to oversee funds awarded in a settlement or lawsuit. Another instance is if someone has had a Guardian appointed due to drug or chemical dependency, and has successfully undergone treatment and is deemed by the Court to be competent to manage their own affairs.

The second case, removing a Guardian and/or Conservator for cause, is more difficult and contentious. A Court may remove a Guardian and/or Conservator if it is proven that the Guardian and/or Conservator is no longer complying with their legal duties. This can be from something relatively simple like failing to file an annual report, to much more egregious things such as abuse, neglect, or fraud.

Our Client Reviews

“They valued my input and kept me informed on the process, and helped me through my darkest hours.”

– Kim

“Michelle Perkins was wonderful.”

– Julie

 

“Her level of professionalism and integrity are hard to come by in the legal profession today.”

– Sam

Our Attorneys

What Sets Us Apart?

We Treat Our Clients Like Family

Family Owned and Operated

Highly-Rated and Recognized

90+ Years Combined Legal Experience

Free 30-Minute Phone Consultation

Contact Our Firm Today

Fill out the form to get started on your confidential consultation.

We're Committed To Our Community

We Believe in Building Lifelong Relationships

Free 30-Minute Phone Consultation