How do I return guardianship if the minor now lives with his mother?
10/04/2007 - Guardianship - State: AZ #9659
My husband and I had legal guardianship of our nephew and we need to remove the status. He has returned to live with his mother and currently is living with his adult sisters. What form do we need to file?
The applicable Arizona statutes are as follows:
14-5211. Proceedings subsequent to appointment; venue
A. The court where the ward resides has concurrent jurisdiction with the court which appointed the guardian, or in which acceptance of a testamentary appointment was filed, over resignation, removal, accounting and other proceedings relating to the guardianship.
B. If the court located where the ward resides is not the court in which acceptance of appointment is filed, the court in which proceedings subsequent to appointment are commenced shall in all appropriate cases notify the other court, in this or another state, and after consultation with that court determine whether to retain jurisdiction or transfer the proceedings to the other court, whichever is in the best interests of the ward. A copy of any order accepting a resignation or removing a guardian shall be sent to the court in which acceptance of appointment is filed.
A. Any person interested in the welfare of a ward or the ward, if fourteen or more years of age, may petition for removal of a guardian on the ground that removal would be in the best interests of the ward, or for any other order that is in the best interest of the ward. A guardian may petition for permission to resign. A petition for removal or for permission to resign may, but need not, include a request for appointment of a successor guardian.
B. Notice of a hearing on a petition for an order subsequent to appointment shall be given to a ward who is at least fourteen years of age, the guardian and any other person the court orders to receive the notice.
C. After notice and a hearing on a petition for removal or for permission to resign, the court may terminate the guardianship and make any further order that may be appropriate.
D. If, at any time in the proceeding, the court determines that the interests of the ward are, or may be, inadequately represented, it may appoint an attorney to represent the minor, giving consideration to the preference of the minor if the minor is fourteen or more years of age.
14-5210. Termination of appointment of guardian; general
A guardian's authority and responsibility terminates on the death, resignation or removal of the guardian or on the minor's death, adoption, marriage or attainment of majority. Termination does not affect the guardian's liability for prior acts or the guardian's obligation to account for the ward's monies and assets. Resignation of a guardian does not terminate the guardianship until it has been approved by the court.
14-5201. Status of guardian of minor; general
A person becomes a guardian of a minor by acceptance of a testamentary appointment or upon appointment by the court. The guardianship status continues until terminated, without regard to the location from time to time of the guardian and minor ward.
Please see the information at the following links:
http://lawdigest.uslegal.com/estate-planning/guardianships-and-conservatorships/7236/ http://definitions.uslegal.com/g/guardianship/ http://secure.uslegalforms.com/cgi-bin/forms/search.pl?query=guardianship&state=AZ&field=title
10/04/2007 - Category: Guardianship - State: AZ #9659
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