How do I return guardianship if the minor now lives with his mother?

Full Question:

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?
10/04/2007   |   Category: Guardianship   |   State: Arizona   |   #9659

Answer:

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.

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