{"id":34,"date":"2019-03-28T17:23:05","date_gmt":"2019-03-28T17:23:05","guid":{"rendered":"https:\/\/www.jacksonwhitelaw.com\/guardianships-conservatorships\/?p=34"},"modified":"2023-06-12T18:44:44","modified_gmt":"2023-06-12T18:44:44","slug":"relinquish-guardianship-of-husband","status":"publish","type":"post","link":"https:\/\/www.jacksonwhitelaw.com\/guardianships-conservatorships\/blog\/relinquish-guardianship-of-husband\/","title":{"rendered":"How Do I Relinquish Guardianship of My Husband in Arizona?"},"content":{"rendered":"
In a guardianship, a legal guardian<\/a>\u00a0is appointed by the court to handle the affairs of a minor or incapacitated adult (known as the ward<\/a>). A guardian\u2019s responsibilities may be general or limited, and can vary from case to case, but generally speaking a guardian is charged with managing the ward\u2019s health care, living situation, and financial matters.<\/p>\n When it comes to guardianship of an incapacitated adult, the guardianship is intended to last until the adult regains competency or passes away.<\/p>\n When a guardian loses the ability to care for their ward, the guardian has the right to resign from their obligations and relinquish guardianship (ARS 14-5307<\/a>). After all, the guardian voluntarily took on the responsibility, so the agreement can be voluntarily ended.<\/p>\n That said, if the ward is still incapacitated then he or she will need a new guardian to continue caring for them. The resigning guardian doesn\u2019t necessarily have an obligation to provide the court with a new guardian, but in practice the resigning guardian will present a qualified individual or professional to take their place.<\/p>\n If you\u2019re a court-appointed guardian for an incapacitated adult and you need to relinquish guardianship, here\u2019s how to go about the process:<\/p>\n You have the right to resign as guardian, but the judge may ask you to remain in your position for a reasonable amount of time until a new guardian is selected. The judge\u2019s primary concern is the well-being of the ward, and the judge would be remiss in their duties if they left an incapacitated adult without a guardian.<\/p>\n For a smooth handoff with minimal delays, it\u2019s essential to present a willing, qualified substitute for guardianship at the hearing.<\/p>\n Relinquishing guardianship is typically required when a guardian loses the capacity to fulfill their duty of care to the ward. That said, a guardian who can no longer physically care for their ward (perhaps due to aging or failing health) may still have the mental capacity to serve as guardian.<\/p>\n There are plenty of valid guardianship situations where the guardian is too old or ill to physically care for the ward, but they still have the mental capacity to make important healthcare decisions, handle finances, determine a care plan, and make living arrangements.<\/p>\n The guardian can hire a home-health agency to care for the ward at home, or they can place the ward in an assisted-living facility for full-time care, and neither of those actions would violate the guardian\u2019s duty of care.<\/p>\n It\u2019s also common for a spouse to relinquish guardianship if they divorce and\/or remarry. In these situations, an adult child usually takes over the role as guardian.<\/p>\n There are also plenty of instances where an incapacitated adult regains their mental capacity and no longer requires a guardian. The most common situations involve adults who awake from a coma, or who recover from a serious illness that rendered them temporarily incapacitated. Here\u2019s how you can end the guardianship when that happens:<\/p>\nHow to Relinquish Guardianship of an Incapacitated Adult<\/h2>\n
\n
Can the Guardianship Court Deny Your Request to RelinquishGuardianship?<\/h2>\n
When is it Necessary to Relinquish Guardianship?<\/h2>\n
How to End Guardianship<\/h2>\n
\n