How to Terminate a Guardianship
A court hearing is usually required to terminate a guardianship. Anyone - a guardian, a relative, or the subject of the guardianship - can file papers asking the judge to decide whether a guardianship is still needed.
Reasons to Terminate a Guardianship
A guardianship may no longer be needed for a number of reasons. Some of the common reasons that people ask the court to end a guardianship are:
- Death. When the protected person dies, a final accounting is usually required to close a guardianship over an estate. A hearing is required to approve the final accounting and close the case.
- Age of Majority. This applies if the protected person was a child who has now turned 18.
- Parents will care for child. A child guardianship can be closed if the protected person is a child and the parents are now able to care for the child. The parents must prove that they have corrected whatever issues led to the guardianship being granted, and that they are able to properly take care of the child. Parents must generally show that they are able to provide food, shelter, and clothing, and that they will be able to take care of the child's medical and educational needs.
- Moved out of Nevada. A case can be closed if the protected person has moved to another state and guardianship has been obtained in the new state. Proof of the other state's case must be provided.
- Competency. This applies if the protected person is an adult who is now competent and capable of managing his or her own affairs. Two physicians must certify that the adult is competent. Any request to end a guardianship based on the adult's competency must be supported by two letters from two doctors stating that the protected person is competent.
How to Terminate a Guardianship
Step 1: Complete the Paperwork
You will need to complete a Petition to Terminate Guardianship and a Citation. You may also need to provide other documents depending on your situation.
Petition to Terminate Guardianship
The Petition is the document that tells the judge why you think the guardianship is no longer needed. Be sure to complete all sections and attach any exhibits to support your argument.
Petition to Terminate Guardianship - Minor Child (pdf fillable)
Petition to Terminate Guardianship - Adult (pdf fillable)
Citation to Appear
When you file your petition, you must set a court date for the judge and any interested parties to appear in court. Fill out ONE of the following forms to set a court date depending on whether the protected person is living or has passed away.
Citation to Appear and Show Cause (pdf fillable)
Other Documents You May Need:
Depending on the reason you want to close the guardianship, you may need to provide other documents to support your request. Some common forms that must also be submitted to the court are:
- Final Accounting. If you are the guardian over the protected person's estate, you must provide a final accounting to the court. The following document can be attached as an "Exhibit" to your petition so the judge can approve of the final accounting at the same hearing.
Final Accounting (pdf fillable)
- Doctor's Letters. If you want to close a guardianship over an adult who has regained competence, you must provide two letters from two doctors stating that the adult is competent. Attach the letters as exhibits to your petition.
- Other State's Guardianship Papers. If you have moved to another state and opened a guardianship case there, attach proof of the other state's filing as an exhibit to your petition.
Step 2: File the Paperwork
After you fill out the papers above, file them with the district court in the county where the guardianship was granted. Visit Find My Court if you are not sure where the district court is located.
Step 3: Serve the Guardians and Other Parties
THIS STEP IS VERY IMPORTANT! If you do not follow this step properly, the judge may cancel your hearing! It is up to YOU to serve the documents; the court does not serve the documents for you.
All of the documents you filed must be mailed to all of the guardians and relatives. This is usually the same list of people who have been receiving notice of prior proceedings. This is to make sure the guardians and relatives know about the hearing and have a chance to respond to your papers.
Mail the petition and the citation to all of the required people by certified mail, return receipt requested, or you can eserve anyone who is registered to receive eservice.
After you serve the documents, fill out a Certificate of Service that states when, where, and how you served the documents.
Certificate of Service (pdf fillable)
File the Certificate of Service with the court before your hearing.
Step 4: Attend the Hearing and File the Final Papers
Make sure to arrive at the courthouse early for your hearing so you have enough time to park, get through security, and find the courtroom.
The judge may have some questions before making a decision.
If the judge signs the Order Terminating Guardianship, make sure the order is filed at the Clerk's Office if the judge does not file it.
You must also mail a copy of the order to all of the same relatives you served in Step 3. To do this, complete a Notice of Entry of Order. Download the following form, attach a copy of the Order Terminating Guardian, and file it with the Clerk's Office. After you file the form, mail a copy to every relative that is required. You can send this by regular mail.