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Resignation of a Guardian

How does a guardian resign?

A guardian of a minor can petition the court and ask for permission to resign as guardian.

Do you have to give reasons?

Yes.  The petition form has places where you give your reasons for resigning.

They are:

  • The guardian cannot continue to serve as guardian
  • The parents can now resume their parental responsibilities
  • Other reasons

Who must be given notice of the hearing on the petition?

  • The minor if over 14 years old
  • the guardian
  • the parents of the minor if their parental rights have not been terminated or if they have not sign a voluntary surrender of the child for adoption
  • any other person that the court has ordered be given notice

The court has a Notice of Hearing form

How does the court actually accept the guardian's resignation?

The court accepts the guardian's resignation at a court hearing.

It accepts the resignation on a court form called Decree and Order of Termination of Guardianship on a Petition for Resignation.

On the Decree and Order, the court can say, among other things:

  • whether the parent or parents can resume parental responsibility
  • why the guardian is no longer able to serve
  • whether someone else is being appointed to be guardian
  • whether a co-guardian will continue to serve

 

Produced by Jeff Wolf (Massachusetts Law Reform Institute) with help from Veronica Serrato (Volunteer Lawyers Project)
Last Updated July, 2011

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