How Do I End a Guardianship?

Guardianships are created to allow a trusted adult to take care of the health and financial needs of someone who is unable to do so for themselves and lacks other alternatives, such as a Trust or Healthcare Proxy. In Florida, a Guardianship can be established for either an adult with physical or mental disabilities or a child. While some Guardianships continue indefinitely, in other cases, it may be appropriate to terminate a Guardianship after a period of time. Florida law allows for several situations for terminating a Guardianship[1]:

• The Ward (the person who is under Guardianship) regains their capacities. An example of this could be if an adult was severely injured and unable to make their own medical and financial decisions, but recovered and is now capable of doing so. In this situation, the Guardian will need to provide medical documentation to the court showing that the Ward has regained their mental and physical capabilities.

•  The Guardian is unable to locate the Ward after a “diligent search.” In this situation, the Guardian must file a final report with the court and be formally discharged from duty by the court.

• For a Guardianship of the Ward’s property, once the assets under the Guardian’s care have been exhausted, the Guardianship can end. Similar to the situation above, in this case, the Guardian must file a final accounting report with the court and be formally discharged from duty.

• If the Ward dies, the Guardianship ends. In this case, the Guardian must file a certified copy of the death certificate with the court.

• If the Ward moves out of state (permission must first be obtained from the court for this), the Guardian can file the paperwork with the court to transfer the Guardianship to the new state. The Guardian must also file the proper forms with the new state for a new Guardian to be named.

• The Guardian can also choose to resign if they are no longer willing or able to manage the Guardianship. To do so, the Guardian must submit a final accounting report to the court, and file the necessary petitions to be officially discharged by the court.

In all situations involving ending a Guardianship, you must continue to fulfill the role of Guardian until you receive formal discharge papers from the court. If you are looking to end a Guardianship, contact an experienced Guardianship law firm, such as Huth, Pratt, and Milhauser. We will advise you on how to proceed with the termination of Guardianship; and ensure that all final reports, accountings, and petitions are filed correctly and expediently.  

Huth, Pratt and Milhauser

Huth, Pratt and Milhauser is a boutique law firm that offers a wide range of legal services in the specialty areas of wills, trusts, estates, probate, guardianship, and related matters. The range of legal services that Huth, Pratt & Milhauser provides in these specialty areas includes planning, administration and litigation. The experience and skills of our attorneys and staff, coupled with our knowledge of applicable law, enable us to provide outstanding representation to our clients.

Although we are located in South Florida, we proudly serve clients throughout the country and around the world from our Boca Raton offices. We strive to provide superior and focused counsel in a timely manner and at a competitive price.

Huth, Pratt and Milhauser

2500 North Military Trail, Suite 460

Boca Raton, Florida   33431

Phone: 561-392-1800

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[1] Florida Statues. Statutes & Constitution :View Statutes : Online Sunshine (state.fl.us). Accessed March 28, 2023.

2500 North Military Trail, Suite 460
Boca Raton, Florida   33431
Phone: 561-392-1800

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