Terminating a Child Guardianship
The options to end a child guardianship generally depend on the age of the child and whether the guardianship is over the person only or also an estate. Visit this section to find out the different ways to have a child guardianship case closed.
When the child turns 18
There are different rules that apply depending on whether the guardianship was over the child's person or the child's estate:
Guardianships Over the Person
When a child turns 18, the guardianship over the person automatically terminates. Although the guardians do not have to do anything to legally end the guardianship, they should notify the court in writing when the child turns 18 so the case can be officially closed.
Guardianships Over the Estate
If the guardianship involved the child's estate, there may be assets held at a financial institution that the child wants released. Even when the child turns 18, the financial institution cannot release the assets without a court order. Once the minor turns 18, the guardian must file a Petition to Terminate the Guardianship and along with a final accounting. Follow the steps and use the forms in the section below.
Asking a Judge to end the Guardianship
A hearing is required to terminate a child's guardianship if the child is under 18 or is over 18 but has assets that need to be released.
The person who wants to end the guardianship will have to file some forms, set a court hearing, and serve the guardians and all other relatives so a judge can hold a hearing and decide whether the guardianship is still needed.
If a parent wants to end the guardianship and have the children returned, the parent has to show that there has been a material change in circumstances since the guardianship was put in place. The parent has to show that they are capable of providing for the child's basic needs. Parents may also have to show that the child's welfare would be substantially enhanced by having the child return to their care.
To set a court date and ask a judge to end a child guardianship, download the following packet and follow all included instructions.
Terminate Child Guardianship Packet (pdf fillable)
Terminate Child Guardianship Packet (pdf)
Final Accounting (required if the child has assets that need to be released)
CAUTION!
The above forms only apply to cases where a guardianship was court-ordered and assets were blocked due to the guardianship. If the minor's assets are being held because of a "compromise of a minor's claim" (this is usually where money was court-awarded to a child, such as personal injury matters), a different procedure is required. You can find out how to have those kinds of funds released by visiting the Civil Law Self Help Center and downloading the "Petition to Disburse Funds from a Minor's Blocked Account" on the District Court Forms page.
