Guardianship provides critical protection for individuals who are unable to manage their own affairs due to age, illness or disability. However, this arrangement is not always permanent. In Virginia, courts have the authority to end a guardianship when circumstances change.
Whether you are a current guardian or someone seeking to restore the rights of a loved one, it helps to understand when and how guardianship can come to an end. Several legal avenues exist to evaluate and terminate a guardianship arrangement.
1. The person passes away
When the individual under guardianship dies, the guardian’s authority ends immediately. From that point, the guardian must complete final duties such as submitting a final account to the Commissioner of Accounts. No further oversight or authority continues beyond this point.
2. The guardian is removed by the court
If a guardian fails to act in the best interests of the person under their care, the court may remove them. This could include failure to provide appropriate care, mishandling finances or other harmful decisions. The court may appoint a replacement or explore other care options depending on the situation.
3. The court modifies the arrangement
Sometimes, guardianship does not need to end entirely, but should be adjusted. A court can review the current needs of the individual and either expand or reduce the guardian’s authority. This decision usually reflects improvements in the person’s abilities or changes in their medical condition or living situation.
4. The individual is restored to capacity
A full termination of guardianship may occur when the person regains the capacity to manage their own personal or financial matters. This typically requires a formal petition followed by a hearing. If the court determines the individual is capable, it may restore their rights and independence.
Understanding how and when a guardianship arrangement can end is important for both the individual and those involved in their care. If you believe someone’s rights should be restored or a current arrangement is no longer appropriate, legal guidance can help evaluate the best path forward.
