Are you a ward in a West Palm Beach guardianship that is long past necessary? Do you feel that you have regained competence? Believe it or not this is more common than we like to think. Learn how to terminate your West Palm Beach guardianship.
Guardianship
- Guardianship is a judicial construct in West Palm Beach that allows a person who may be taken advantage of to be protected by a guardian.
- This is person is called a ward.
- Is a ward always going to be a ward?
- A ward does not permanently have to be subject to guardianship in West Palm Beach.
- Do you know how to terminate a West Palm Beach guardianship?
- Can the ward apply without an attorney?
- Does the ward need the guardian’s consent to apply for the guardianship to be terminated?
- More over can a guardianship be modified through petition of a ward?
- Experienced Palm Beach probate litigators know that in order to serve its purpose- protecting wards, the rules of guardianship cannot be set in stone.
- That being said, modifications cannot be made without following procedure.
- Do you know the procedure?
- Are you prepared to follow it to get the results you want?
- Check out this case out of the Supreme Court of Arkansas that was decided just last week, on June 25, 2015.
Matter of Guardianship of W.L. (a minor)
- Under Arkansas law a court may terminate a guardianship if it no longer necessary or if it is in the ward’s best interest.
- The court has held that a guardianship is no longer necessary when a fit parent who consents to a guardianship withdraws the consent.
- Do you know who decides if a parent is fit?
- That’s right the probate court.
- Did you know that you can appeal that decision?
- Terminating a guardianship requires judicial consent in West Palm Beach but the decision can be appealable at several junctions.
- Do you know what they are?
- Are you prepared to get a minor or incompetent ward their freedom back when it is appropriate?
- Are you sure that it is appropriate?
- What will the court consider when making such a determination?
Check out the entire case and learn more.
Simply click here for the Supreme Court’s majority opinion.