When a guardian wants to resign

Fill out a Petition to Resign as Guardian of a Minor. The petition is a form that has the guardian say:

1. That they are the guardian of the child listed in the name of the case. They must also list their name, address, and telephone number.
2. That they want to resign, and either that they:
   1. think that the parent can care for their child again, so the child should be returned, or
   2. think that someone else should be appointed as a new guardian for the child.
3. Who the guardian would want appointed as a guardian instead of them. Note: They don't have to pick someone to replace them.
4. That they want a hearing on their petition to be held.

The guardian also needs to say why they want to resign. The petition lists 3 categories of reasons:

1. The person can’t keep being a guardian,
2. The parents can take back their parental responsibilities, or
3. Any other reason. There is space to explain why.

The guardian takes the completed petition form to the Probate and Family Court in the county where the child lives to file it. Then, the court should give them a date when their petition will be heard by a judge.

The guardian has to give “notice” to all of the people who are a part of the guardianship case. “Notice” means that all of the parties in the case get a copy of the petition form and are told when the court hearing is. 

In some counties, the court uses a Notice of Hearing to let people know when the petition will be heard in front of a judge. Some courts may mail this out. But, sometimes the court asks the guardian to fill out the Notice of Hearing and send it to each of the parties along with the petition.

Usually, a guardian must notify:

1. The minor child if they are over 14 years old,
2. The co-guardian, if there is one,
3. The parents of the minor child, and
4. Any other person that the court has ordered should be given notice.

The guardian should mail a copy of the petition, and if needed, a copy of the Notice of Hearing, to each of the parties listed above.

At the hearing, the judge wants to hear from the guardian and the parent/parents of the child. The guardian talks about why they don’t want to be the guardian anymore. For example, they could say that they have a long-term illness and can’t care for the child anymore.

Next, the judge hears from the party that did not file the petition, like the parent. The judge asks what their opinion is on the petition. For example, the parent may say that they agree that the person is too sick to care for their child and a new guardian is needed.

The parent could also say that they think they are ready to parent their child again. They can say they have made a positive change in their life. For more information on parents ending a guardianship and getting custody of their kids back, see How to end guardianship of a child.

The court accepts the guardian's resignation at a court hearing. If the judge decides that the guardian should resign, they complete a court form called a Decree and Order of Termination of Guardianship on a Petition for Resignation. The court may give you the decree and order to you after the hearing, or they may mail it to you later.

On the Decree and Order, the court can write:

• if the parent or parents can get the child back,
• why the guardian can’t be guardian anymore,
• if someone else is being appointed to be guardian, or
• if a co-guardian will keep serving.