Seeking to Dissolve Guardianship

Sometimes, a well-meaning relative intervenes when a child winds up parentless, there’s drug or physical abuse in the household, or absent parents forfeit their rights. 

Guardianships often stem from good intentions. 

Other times, an adult can no longer care for themselves because of old age, illness, or a disability. 

It doesn’t matter which side of the courtroom you’re on.

While often a permanent legal solution, guardianships don’t have to last forever. 

One day, you might decide that the child is ready to return home, another family member wants to take over, or that the other person is well enough to regain control of their own life.

Learn more about dissolving a guardianship in Nevada below.

What Is a Dissolved Guardianship?

In the legal world, “dissolved” means to either cancel or end something. 

For example, in states like Nevada, a divorce is also called a “dissolution of marriage” — the marriage no longer exists, except for in old scrapbooks and memories.

The same logic applies to guardianships.

When either the parent or the child (or an adult, in some circumstances) wants to terminate that legal caregiver role, they’re asking to dissolve the guardianship.

A dissolved guardianship severs a guardian’s legal responsibility.

Why Would You Dissolve a Guardianship?

After filling out mounds of paperwork, hiring a legal team, and dumping thousands of dollars into filing for guardianship, you might wonder why anyone would want to reverse it a few years later.

Thankfully, not all guardianships end on bad terms.

When you’re looking to terminate a guardianship, it’s likely because:

  1. The child celebrated their 18th birthday
  2. Another guardian — or even the parent — is stepping up and offering to fill the role
  3. The child, parent, and guardian all agree to switch the guardianship 
  4. The protected person moved out of Nevada and pursued guardianship elsewhere
  5. A once-incapacitated or unwell adult regained their competency
  6. The child married, joined the military, or found adoptive parents
  7. The guardian or the protected person passed away
  8. The appointed guardian isn’t living up to their expectations

Keep in mind that dissolving a guardianship isn’t always the prettiest legal affair. 

Tensions are often high, it requires several court hearings, and Nevada law requires judges to consider the Protected Person’s best interest. 

Unless all parties agree, somebody will leave unhappy.

How Do You Dissolve a Child Guardianship?

If you welcomed your nieces, nephews, or grandchildren into your home, you’re legally responsible for their well-being until the court decides otherwise.

The best-case scenario is that the guardian, parent, and child (aged 14 or older) all agree to dissolve the guardianship and return the child to the biological parents.

If everyone’s on board, just fill out Nevada’s “Stipulation Form” and mail it to the courthouse.

However, emotions can run high when one party disagrees.

Whether you’re the biological parent or the current legal guardian, the first step is completing Nevada’s “Petition to Terminate Guardianship (Minor).”

The court will then schedule hearings to resolve the matter in front of a judge.

Both sides will have the opportunity to explain their side of the story.

Parents trying to dissolve a guardianship must show they are fit to parent their children. Proof of drug rehab or ability to care for a child financially are examples of evidence a court might consider when seeking to dissolve a guardianship in favor of a parent having their child returned.

Or, for parents nixing their guardianship rights and transferring them to another family member, they have to describe who will step into that role and why they’re a good fit.

How Do You Dissolve an Adult Guardianship?

Dissolving an adult guardianship is a different ball game because you don’t have to drag impressionable children through the court system, and anyone can file for termination.

“Anyone” includes the ward, another relative, the current guardian, or another potential caregiver.

The first step is completing Nevada’s “Petition to Terminate Guardianship (Adult)” and filing it with the local courthouse.

The next step is to have the papers properly served. This means notifying everyone involved — including the protected person, their relatives, and the current guardian. All interested parties must receive your petition in their mailbox to learn about the upcoming court hearing.

At the hearing, the judge will come to one of two conclusions:

  1. The guardianship should be terminated or dissolved.
  2. The protected party still needs a guardian.

The judge may also ask for proof that the subject of guardianship is competent.

In Nevada, that requires two physicians to agree that the person is mentally fit (ex: they’re stabilized with medication, can make responsible decisions, or are now conscious).

What Is Final Accounting?

On your journey to dissolve guardianship, you’ll see the phrase “financial accounting” tossed around repeatedly.

Don’t worry; you don’t need to hire a bookkeeper or be a CPA to provide an accounting.

Financial accounting is simply a financial record that a guardian must complete if they hold control over another person’s estate.

Nevada’s “Accounting” form includes:

  • An account summary
  • Assets (ex: vehicles, real estate, antiques, electronics)
  • Liabilities (ex: credit card debt, car loans, mortgages)
  • Gross income
  • Expenses towering above $250
  • A monthly budget needed to care for the subject

This form applies to both child and adult guardianships if an estate is involved.

If the Protected Person is a child who’s now of age, Nevada requires a judge’s orders to release the assets to the child.

How Long Does it take Dissolve a Guardianship In Court?

Because family courts hear hundreds of cases each month, the backlog can leave you twisting in the wind for about 2-3 months before having your day in court.

Can an Attorney Help Me Dissolve a Guardianship?

Seeking to dissolve a guardianship isn’t something you learn about in college or ever hope to do in your lifetime.

However, an attorney can consult with you about your options, whether you’re the parent, subject of guardianship, or the current guardian.

At the Rosenblum Allen Law Firm one of our attorneys can look at your case, walk you through the legal process, create a legal strategy, and file the confusing forms for you.

If you or someone you know is seeking to dissolve a guardianship, give us a call at (702) 433-2889 or complete our online contact form.